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OF   THE 


GENERAL  ASSEMBLY 


OF   THE 


^TE    OF    VIEGINIA, 


PASSED  AT  CALLED  SESSION,  1863, 


IN    THE 


EIGHTY-EIGHTH   YEAR  OF   THE   COMMONWEALTH, 


"       RICHMOND : 

WILLIAM    F.    RITCHIE,    PUBLIC    PRINTER, 

1863. 


LIBRARY  UNIV.  ©F 
KORTH  CAROLINA 


PUBLIC  OR  GENERAL  ACTS. 


Chap.  1. — An  ACT  amending  and  re-enacting  the  109th  section  of  an  act 
eatitled  an  act  imposing  Taxes  for  the  Support  of  Government,  passed 
March  28th,  1863. 

Passed  September  14,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  one  hundred  Act  of  1863 
and  ninth  section  of  an  act  entitled  an  act  imposing  taxes  for  the  amtnded 
support  of  government,  passed  March  twenty-eighth,  eighteen  hun- 
dred and  sixty-three,  shall  be  and  the  same  is  hereby  amended  and 
re-enacted  so  as  to  read  as  follows : 

"§  109.   Be  it  enacted  by  the  general  assembly,  that  the  Con-  What  notes  re- 
federate    States   treasury   notes    shall  hereafter   be    receivable   by  ment  of  taxe?" 
sheriffs  and  other  collecting  officers  in  payment  of  taxes  and  other 
public  dues  to  this  state." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


C'HAP.  2. — An  ACT  authorizing  the  payment  of  Fees  of  Commissioners  of 

the  Revenue. 

Passed  October  31,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  if  fees  for  issuing  Fees  of  commis- 
a  license  to  which  a  commissioner  of  the  revenue  is  entitled,  shall  be  sio",'rs'  how 
included  in  the  tax  on  the  license,  ami  paid  into  the  treasury,  it  shall  pai 

be  lawful  for  the  auditor  of  public  accounts  to  j>aj  to  the  commis- 
sioner the  amount  of  fees  to  which  he  is  entitled;  to  be  paid  by  war- 
-rant  upon  the  treasury,  out  of  any  money  therein  not  otherwise 
appropriated. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  3. — An  ACT  declaring  what  Contracts  shall  he  payable  in  Currency. 
Passed  October  14,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  every  contract  What  contracts 
made  on  or  after  the  twentieth  day  of  October  eighteen  hundred  and  Pa"able  in  cur 

/»  "  r6DCV 

sixty-three,  for  the  payment  of  money,  shall  be  deemed  to  be  for  the 

payment  of  the  sum  expressed  or  implied,  in  the  currency  which  at 

the  time  the  contract  becomes  payable,  shall  be  receivable  in  pay- 

.    ments    to    this    state,    unless   this   intendment   shall   be   expressly 

r  ^excluded. 

2.  This  act  shall  be  in  force  from  its  passage,  and  until  the  expi-  Commencement 
■  ration  of  six  months  after  a  treaty  of  peace  between  the  Confederate  and  durati0» 

States  and  the  United  States. 


Chap.  4. — An  ACT  to  suppress  the  further  issuing  of  Small  Notes  as  a 

Currency  by  the  Counties,  Cities  and  Towns  of  this  Commonwealth. 

Passed  September  22,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  from  and  after  the  County,  city  or 
passage  of  this  act,  it  shall  not  be  lawful  for  any  county,  city  or  town  town  not  to  issue 
within  this  commonwealth  to  issue,  or  put  in  circulation  as  a  cur- 
rency, any  note,  scrip  or  certificate ;  and  all  the  acts  and  parts  of 


APPKOFRIATTONS.-—  PUBLIC    DEFENCE. 


Commencement 


acts  heretofore  enacted  authorizing  such  issues,  are  hereby  repealed  : 
provided,  however,  that  this  act  shall  not  be  so  construed  as  to  pre- 
vent the  circulation  of  all  such  notes  as  may  have  been  issued  by 
such  county,  city  or  town  previous  to  the  passage  of  this  act,  and  not 
redeemed ;  but  when  once  redeemed,  the  said  note,  scrip  or  certifi- 
cate shall  not  again  be  put  in  circulation  :  and  provided  further,  that 
this  act  shall  not  be  so  construed  as  to  prevent  the  several  counties, 
cities  and  towns  of  this  commonwealth  from  issuing  any  bond  or 
bonds,  under  and  by  virtue  of  the  laws  authorizing  such  issues,  and 
now  in  force. 
2.    This  act  shall  be  in  force  from  its  passage. 


Appropriation 


trenerai  assem- 
bly 


Convicts 


Officers  and 
privates 


Lieut.  E.  S.Gav 


Slaves  con- 
demned 

Claims  allow- 
by  auditing; 
board 


Commencement 


Ch.\p.  5. — An  ACT  making  an  Appropriation  to  pay  certain  Expenses  of 

Government. 

Paased  September  26,  1863. 

1.  Be.  it  enacted  by  the  general  assembly,  that  in  addition  to  the 
money  appropriated  by  the  act  entitled  an  act  appropriating  the  pub- 
lie  revenue  for  the  fiscal  year  eighteen  hundred  and  sixtjr-two  and 
three,  passed  March  twenty-eighth,  eighteen  hundred  and  sixty- 
three,  there  be  appropriated  the  following  sums,  to  wit : 

To  pay  the  per  diem,  mileage  and  other  expenses  of  the  general 
assembly,  incurred  in  the  September  session  eighteen  hundred  and 
sixty-three,  sixty  thousand  dollars. 

To  pay  for  subsistence  and  other  supplies  for  the  support  of  con- 
victs and  transports  in  the  penitentiary,  thirty  thousand  dollars. 

To  pay  officers  and  privates,  for  rations,  clothing  and  other  allow- 
ances to  the  public  guard,  and  ordnance  sergeant  at  the  military  in- 
stitute, including  temporary  quarters,  thirty  thousand  dollars. 

To  pay  Lieutenant  E.  S.  Gay,  the  amount  of  a  judgment  in  his 
favor,  rendered  by  the  circuit  court  of  the  city  of  Richmond,  five 
hundred  and  eighty-four  dollars  and  forty  cents. 

To  pay  for  slaves  condemned  and  executed,  or  reprieved  for  sale 
and  transportation,  fifteen  thousand  dollars. 

To  pay  claims  allowed,  or  which  may  be  allowed  by  the  auditing 
board,  and  when  required  by  the  act  passed  March  twenty-eighth, 
eighteen  hundred  and  sixty-three,  to  be  reported  by  them  to  the 
general  assembly  for  an  appropriation  by  law,  an  amount  not  exceed- 
ing five  thousand  dollars. 

2.  This  act  shall  be  in  force  from  its  passage. 

1  O 


Act  of  16G3 
amended 


Dnty  of  go- 
vernor 


Slaves,  liow 
called  out 


Limitation  as 
number 
Per  ventage i 
counties 


Chap.  6. — An  ACT  to  amend  and  re-enact  the  1st  and  3d  sections  of  an  act 
passed  March  13th,  1863,  entitled  an  act  to  amend  and  re-enact  an  a,ct  fur- 
ther to  provide  for  the  Public  Defence,  passed  October  3d,  1862. 
Passed  October  10, 1S63. 

Be  it  enacted  by  the  general  assembly,  that  the  first  and  third  sec- 
tions of  the.  act  passed  March  thirteenth,  eighteen  hundred  and  sixty- 
three,  entitled  an  act  to  amend  and  re-enact  an  act  further  to  provide 
for  the  public  defence,  passed  October  third,  eighteen  hundred  and 
sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the 
duty  of  the  governor  of  this  commonwealth,  and  he  is  hereby  autho- 
rized and  required,  whenever  thereto  requested  by  the  president  of 
the  Confederate  States,  to  call  into  the  service  of  the  Confederate 
States,  for  labor  on  fortifications  aud  other  works  for  the  public  de- 
fence within  this  state,  from  time  to  time,  for  a  period  not  exceeding 
sixty  days,  a  number  of  male  slaves  between  the  ages  of  eighteen  and 
fifty-five  years,  not  exceeding  ten  thousand  at  any  one  time,  and  not 
exceeding  in  any  county,  city  or  town  one-fifth  of  the  number  of 


PUBLIC    DEFENCE.  0 

male  slaves  therein  between  the  ages  specified  ;  to  be  apportioned  by 
the  governor.     Such  requisition  shall  be  apportioned  ratably  among  How  appor 
all  the  slaveholders  in  the  several  counties,  cities  and  towns  on  which  tl0Iied 
the  requisition  shall  be  made,  so  as  to  charge  each  slaveholder  with 
the  same  proportion  of  his  male  slaves  between  the  ages  specified, 
capable  of  performing  ordinary  labor,  to  be  judged  of  by  the  court, 
which  maybe  demanded  from  his  county,  city  or  town:  provided,' Proviso  as  to 
however,  that  the  governor,  in  his  discretion,  may  exempt,  wholly  or  certain  couuties 
partially,  from  the  operation  of  this  act,  such  counties  as  may  have 
lost  so  large  a  portion  of  their  slaves,  in  consequence  of  their  escape 
to  the  public  enemy,  as  will  materially  affect  the  agricultural  pro- 
ducts of  such  counties:  and  provided  further,  that  it  shall  be  the  duty 
of  the  governor  to  exempt  from  the  operation  of  this  act,  both  in  regard 
to  any  requisitions  now  being  made,  and  those  which  may  hereafter 
be  made,  any  county  which  has  had -its  slaves,  subject  to  requisition 
under  this  act,  reduced  one-fourth,  in  consequence  of  their  escape  to 
the  public  enemy  ;  of  which  loss  he  shall  judge  upon  the  certificate  of 
the  county  court,  and  such  other  evidence  and  information  as  he  may 
deem  proper.     And  the  governor  may  exempt  such  other  counties  as,  when  other 
from  their  geographical  position  or  contiguity  to  the  public  enemy,  he  j^"^^  ™^ 
may  deem  expedient.     And  in  any  county,  city  or  town  partially  ex-  when  party  hm 
empted  under  this  act,  any  person  who  may  satisfy  its  county  or  cor-  lost  one-third  of 
poration  court,  or  any  person  appointed  by  the  governor  for  that  pur- 
pose, that  he  or  she  has  lost  one-third  part  of  his  or  her  slaves  liable" 
to  work  on  the  public  works,  by  said  slaves  going  over  to  the  enemy, 
shall  be  exempted  from  the  operations  of  this  act.  The  sum  of  twenty  Compensation 
dollars  per  month  for  each  slave  shall  be  paid  by  the  Confederate 
States  to  the  person  entitled  to  his  services,  and  soldiers'  rations, 
medicines  and  medical  attendance  furnished,  and  the  value  of  all 
such  slaves  as  may  die  during  their  term  of  service,  or  thereafter, 
from  injuries  received,  or  of  diseases  contracted  in  such  service,  or 
not  be  returned  to  their  owners,  shall  be  paid  by  the  Confederate 
States  to  the  owners  of  such  slaves  ;  and  full  compensation  shall  be  Responsibility 
made  for  all  injuries  received  whilst  in  the  service  of  the  Confederate  nf  c0llff-fleratu 
States  :  provided,  that  the  Confederate  States  shall  not  be  liable  for  when  not  re- 
any  slave  not  returned  by  reason  of  fraud  and  collusion  on  the  part  sponsible 
of  his  owner  or  agent;  or  if  his  death  should  be  caused  by  the  act  of 
God,  or  by  disease  of  such  slave  existing  when  received  by  the  con- 
federate authorities;  and  in  all  cases  the  burden  of  proof  shall  be  on 
the  authorities  of  the  Confederate  States,  to  discharge  the  latter  from 
liability  to  the  former.     Hired  slaves  shall  be  regarded  as  the  slaves  Hired  slaves 
of  their  temporary  owners,  in  apportioning  for  the  purposes  of  this 
act;  but  when  hired  slaves  shall  be  held  by  persons  owning  other 
slaves,  it  shall  not  be  lawful  for  the  temporary  owner  to  select  one  or 
more  of  the  hired  slaves  to  be  sent  to  the  public  works  ;  but  in  every 
such  case,  the  slave  or  slaves  to  be  sent,  shall  be  ascertained  by  lot, 
in  wThich  each  of  said  slaves  shall  be  drawn  for  by  the  court :  provi- 
ded further,  that  slaves  removed  from  counties  overrun  by  the  public 
enemy,  and  in  possession  of  the  owner,  shall  not  be  liable  to  this  act,  \ 

except  in  cases  where  such  owner  has  more  than  three  slaves  subject 
to  requisition.  And  in  cases  where,  by  reason  of  sickness  or  b}r 
other  calamity,  a  slaveholder  shall  have  but  one  male  slave  liable  to 
the  provisions  of  this  act,  who  is  able  to  render  the  service  required 
by  this  act,  it  shall  be  competent  for  the  governor,  in  his  discretion, 
to  exempt  said  slaveholder  from  the  impressment  or  draft." 

"§  3.    It  shall  be  the  duty  of  the  several  county  and  corporation  Duty  of  county 
courts,  after  being  duly  convened  as  aforesaid,  and  not  less  than  five  courts 
justices  being  present,  to  ascertain,  by  the  assistance  of  the  commis-  Commissioners 
sioners  of  the  revenue  of  their  respective  counties  and  corporations,  of  r«ve"ue 
or  otherwise,  the  entire  number  of  male  slaves  therein  between  the 
ages  specified,  subject' to  requisition  under  this  act;  and  after  ascer-  Requisitions, 
Gaining  the  same,  to  apportion  the  requisition  aforesaid,  without  delay,  now  apportioned 


6  PUBLIC    DEFENCE. — SALT.  • 

among  all  the  holders  of  such  slaves,  so  as  to  charge  each  slaveholder, 
as  near  as  may  be,  with  the  same  proportion  of  his  male  slaves  be- 
tween the  ages  of  eighteen  and  fifty-five,  capable  of  performing  ordi- 
Clas^es,  when     nary  labor,  as  may  be  demanded  from  his  county,  city  or  town,  throw- 
made  ing  into  classes,  when  necessary,  the  holders  of  but  one  or  a  few 

slaves,  and  of  fractions  of  slaves,. and  ascertaining,  by  lot,  or  agree- 
ment between  the  parties,  or  otherwise,  the  slave  or  slaves  to  be  sent 
to  the  public  works  from  such  classes,  and  giving,  as  far  as  practica- 
ble, relief  to  those  upon  whom  the  lot  or  draft  may  have  fallen  under 
Proviso  as  to  any  preceding  requisition  :  provided,  that  in  no  case  of  a  soldier  in 
soldiers  service,  or  a  widow  having  a  son  therein,  or  whose  husband  has  died 

in  such  service,  owning  or  hiring  but  one  male  slave,  shall  such  slave 
be  subject  to  requisition  under  this  act.     But  no  slaveholder  shall  be 
exempted  by  reason  of  having  slaves  in  the  employment  of  the  state 
or  confederate  government." 
Commencement      2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  7. — An  ACT  to  authorize  the  Governor  to  call  out  Forces  for  the 

Public  Defence. 

Passed  September  28,  1863. 

Volunteers,  how      1.   Be  it  enacted  by  the  general  assembly,  that  the  governor  of 
called  out  f.njg  commonwealth  be  and  he  is  hereby  authorized  to  call  into  the 

service  of  the  state,  for  a  period  not  exceeding  sixty  days  at  any  one 
time,  as  many  volunteers  as  may  be  necessary  to  repel  invasion  and 
protect  the  citizens  of  the  state,  whenever  in  his  opinion  the  emer- 
gency may  demand  it,  and  to  organize,  arm  and  equip  the  same  with 
Companies  as  little  delay  as  possible.     No  company  shall  be  organized  under 

this  act  with  less  than  thirty  men  ;  and  companies  of  less  than  fifty 
men  shall  have  a  captain,  one  first  lieutenant  and  one  second  lieu- 
tenant.    In  other  respects  the  present  militia  law  shall  be  observed, 
Proviso  as  to       so-far  as  the  governor  deems  it  applicable:  provided,  that  this  act 
home  guard        shall  not  be  so  construed  as  to  call  into  the  field,  without  their  con- 
sent, companies  organized  under  an.act  entitled  an  act  to  organize  a 
home  guard,  passed  the  fourteenth  May  eighteen  hundred  and  sixty- 
two. 
Existing  organi-      2.    He  shall  preserve  and  arm  existing  organizations,  except  those 
zation8  to  be       for  home  defence  and  local  service,  as  far  as  practicable,  and  shall 

armed  ,  ,  „  ,  -t  .   .  , 

apply  to  the  secretary  ot  war  for  such  arms,  ammunition  and  camp 

equipage  as  may  be  necessary. 
Act,  how  pub-        3.   Pie  shall  promulgate  this  act  by  special  messengers  and  other - 
hshe.d  wise,  at  his  discretion. 

Commencement      4.    This  act  shall  be  in  force  from  its  passage. 


Chap.  8. — An  ACT  amending  and  re-enacting  the  6th  and  11th  sections  of 
an  act  passed  March  30th,  1863,  entitled  an  act  to  provide  for  the  Produc- 
tion and  Distribution  of  Salt.  t 
Passed  September  18,  1863. 

Ac!  of  1863  1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 

amended  sixth  and  eleventh  sections  of  the  act  passed  March  thirtieth,  eigh- 

teen hundred  and  sixty-three,  entitled  an  act  to  provide  for  the  pro- 
duction and  distribution  of  salt,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 
Control  of  trans-      "§  6.    The  superintendent,  under  the  control  of  the  board  of  su- 
portation  pervisors,  shall  have  control  of  transportation  on  the  several  rail 

roads  in  the  commonwealth,  for  the  conveyance  of  supplies  to  the 
salt  works,  and  for  the  distribution  of  salt  throughout  the  state,  with 
Salt,  how  sold     power,  if  necessary,  to  impress  the  same.     He  shall  make  distribu- 
aud  delivered      t}on  among  the  several  counties,  cities  and  towns,  from  day  to  day, 


SALT.  7 

or  from  time  to  time,  and  in  quantities  proportioned  to  their  whole 
populations  respectively,  including  refugees  sojourning  therein,  as  Refugees 
may  be  directed  hy  the  said  board  of  supervisors :  provided  the  su- 
perintendent, under  the  direction  of  the  board  of  supervisors,  shall 
distribute  salt  with  reference  to  cattle  and  other  stock  requiring  salt, 
after  distributing  twenty  pounds  to  each  person." 

"§  11.    The  salt  so  manufactured  shall  be  sold  at  cost  for  cash,  Salt,  Low  dig- 
and  be  distributed  to  the  different  counties,  cities  and  towns,  through  tnbllted 
duly  accredited  agents,  to  be  appointed  by  the  county  and  corpora- 
tion courts  respectively;  or  where  said  courts  cannot  meet  because 
of  the  presence  or  proximity  of  the  public  enemy,  by  the  board  of 
supervisors,  on  the  recommendation  of  any  three  or  more  justices  of 
said  county,  or  of  the  senator  or  delegate  or  delegates  representing 
such  county  in  the  general  assembly :  and  in  order  to  do  so,  it  shall  Price 
be  the  duty  of  the  board  of  supervisors  from  time  to  time  to  ascer- 
tain as  near  as  may  be  the  actual  cost  of  production  and  distribution, 
and  fix  the  price  accordingly,  so  as  to  cover  such  entire  cost." 
.  2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


•Chap.  9. — An  ACT  to  amend  and  re-enact  the  11th  section  of  the  act  for 
the  Production  and  Distribution  of  Salt,  passed  March  30th,  1863,  as 
amended  by  the  act  passed  September  18th,  1863- 
Passed  October  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  eleventh  sec-  Act  of  1863 
lion  of  the  act  passed  March  thirtieth,  eighteen  hundred  and  sixty-  ameQded 
three,  entitled  an  act  to  provide  for  the  production  and  distribution  of 

salt,  as  amended  by  the  act  passed  September  eighteenth,  eighteen 
. hundred  and  sixty-three,  entitled  an  act  amending  and  re-enacting 
the  sixth  and  eleventh  sections  of  an  act  passed  March  thirtieth, 
eighteen  hundred  and  sixty-three,  entitled  an  act  to  provide  for  the 
production  and  distribution  of  salt,  be  and  the  same  is  hereby  amended 
and  re-enacted  so  as  to  read  as  follows : 

"§  11.   The  salt  so  manufactured  shall  be  sold  at  cost  for  cash,  Salt,  how  sold 
and  be  distributed  to  the  different  counties,  cities  and  towns,  through  aud  deliTWfld 
duly  accredited  agents  to  be  appointed  by  the  county  and  corpora- 
tion courts  respectively ;  or  when  said  courts  cannot  meet  because  of 
the  presence  or  proximity  of  the  public  enemy,  by  the  board  of  su- 
pervisors, on  the  recommendation  of  any  three  or  more  justices  of 
said  county,  or  of  the  senator  and  delegate  or  delegates  representing 
such  county  in  the  general  assembly :  and  in  order  to  do  so,  it  shall  Price,  how  fixed 
be  the  duty  of  the  board  of  supervisors  from  time  to  time  to  ascer- 
tain as  near  as  may  be  the  actual  cost  of  production  and  distribution, 
and  fix  the  price  accordingly,  so  as  to  cover  such  entire  cost.     But 
no  agent  of  any  county  or  corporation  hereafter  appointed,  shall  be 
-entitled  to  act  as  such  until  he  shall  have  given  bond,  with  sufficient 
sureties,  in  the  penalty  of  not  less  than  ten  thousand  nor  more  than 
thirty  thousand  dollars,  conditioned  for  the  faithful  distribution  of  the 
salt  received  by  him,  among  the  people  of  his  county  or  corporation. 
Said  bonds  shall  be  taken  by  the  said  courts  when  the  appointments 
are  made  by  them,  and  in  all  other  cases,  by  the  board  of  supervi- 
sors: and  such  agents  shall  distribute  to  refugees,  and  to  persons  Salt  to  be  <n*- 
temporarily  sojourning  in  their  counties,  cities  and  towns,  as  well  as  Jj?™ged'*°  Ie" 
to  permanent  citizens  thereof:  provided,  however,  that  the  said  courts  Proviso 
and  the  said  board  shall  respectively  have  power  to  revoke  any  ap- 
pointment of  agent  heretofore  or  hereafter  made  by  them,  whenever 
they  deem  it  proper  to  do  so,  and  shall  in  like  manner  appoint  an- 
other agent  in  place  of  the  one  so  removed." 

2.  This  act  shall  be  in  force  from  its  passage.  .       Commencement 


« 


SALT.- 


JHAKSES   IN    CODE, 


Anioemt 

printed 


Chap.  10. — An  ACT  making  an  appropriation  for  the  Purchase  of  Salt 
Passed  October  29,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  in  order  to  carry 
into  full  effect  a  contract  made  by  and  between  Robert  A.  Coghill, 
chairman  of  senate  committee,  and  James  .V.  Brooke,  chairman  of 
house  committee,  of  the  one  part,  and  Stuart,  Buchanan  &  Co.  and 
Charles  Scott  &  Co.  of  the  other  part,  said  contract  bearing  date  the 
twenty- seventh  day  of  October  eighteen  hundred  and  sixty-three, 
and  ratified  by  the  general  assembly  by  joint  resolution  passed  the 
twenty-ninth  day  of  October  eighteen  hundred  and  sixty-three,  there 
is  appropriated  the  sum  of  eighty  thousand  dollars;  which  sum  is 
placed  at  the  disposal  of  the  board  of  supervisors  of  salt,  by  them  to- 
be  disbursed  in  payment  of  the  salt  contracted  for  in  said  contract. 
Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


Code  asjoadsd 


Salaries  in  ex- 
ecutive depart 
mtnt 


Chap.  21.— An  ACT  to  amend  the  1st,  2d,  3d.  4th,  5tb,  23th,  14th  and  16th 
sections  of  chapter  14;  the  14th  section  of  chapter  21  ;  the  27th  section  of 
chapter  23,  and  the  10th  section  of  chapter  66  of  the  Code  of  Virginia 
(edition  of  1860),  so  as  to  increase  the  Salaries  of  certain  Officers  of  the 
Government. 

Passed  October  13,  1863. 

1.  Be  it  eu acted  by  the  general  assembly,  that  the  first,  second, 
third,  fourth, -fifth,  thirteenth,  fourteenth  and  sixteenth  sections  of 
chapter  fourteen  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty)  be  and  the  same  are  hereby  amended  and  re-enacted 
so  as  to  read  as  follows  : 

"§  1.  The  several  officers  herein  after  mentioned  shall  receive- 
annually  from  the  public  treasury  the  following  sums,  that  is  to  say  r 

In  the  executive  department. 

.  "  The  governor  the  sum  of  five  thousand  dollars ;  the  secretary  of 
the  commonwealth,  four  thousand  dollars ;  the  assistant  clerk,  the 
sum  of  seventeen  hundred  and  fifty  dollars,  and  the  copying  clerk, 
fifteen  hundred  dollars. 

In  the  office  of  the  auditor  of  public  accounts. 

Saunas  in  office  "  §  2.  The  auditor  of  public  accounts  shall  receive  the  sum  of  four 
ofauditorjo^  thousand  dollars ;  the  clerk  of  accounts,  two  thousand  five  hundred 
pu      .        u     ^0]iars.  the  first  clerk,  seventeen  hundred  and  fifty  dollars,  and  the 

second,  third  and  fourth  clerks,  each  the  sum  of  fifteen  hundred 

dollars. 

In  the  second  auditor's  office. 

"  §  3.  The  second  auditor  shall  receive  the  sum  of  thirty-five  hun- 
dred dollars  ;  the  first  clerk,  the  sum  of  seventeen  hundred  and  fifty 
dollars,  and  the  second,  third  and  fourth  clerks,  each  the  sum  of 
fifteen  hundred  dollars. 

In  the  treasurer's  office. 
"  §.  4.   The  treasurer  shall  receive  the  sum  of  thirty-five  hundred 
dollars;  the  first  clerk,  the  sum  of  seventeen  hundred  and  fifty  dol- 
lars ;  the  second  clerk,  fifteen  hundred  dollars ;  and  the  third  clerk, 
to  be  denominated  clerk  of  the  banking  department,  an  increase  from 


In  secom)  audi- 
tor's office 


In  treasurer's 
office 


Clerk  of  bank- 


ing department   th.e  treasuiy  to  make  his  salary  fifteen  hundred  dollars. 

In  the   Imnd  office. 
5.    The  register  of  the  land  office  shall  receive  the  sum  of 


Register's  office 


Clerk  of  senate, 


thirty-five  hundred  dollars ;  the  first  clerk,  the  sum  of  seventeen 
hundred  and  fifty  dollars,  and  the  second  clerk,  the  sum  of  fifteen 
hundred  dollars." 

"  §  13.    The  clerk  of  the  senate,  who  is  hereby  required  to  prepare 


CHANGES   IN   CODE.  •  9 

an  index  to  the  journal  of  the  senate  and  the  documents  printed  by  duties  and 
its  order,  shall  receive  an  annual  salary  of  twenty-two  hundred  and  salaries 
fifty  dollars;  the  clerk  of  the  house  of  delegates,  who  is  hereby  re-  Clerk  house  of 
quired  to  keep  the  rolls,  to  prepare  an  index  to  the  journal  of  the  ^nd  saiar'  duties 
house  of  delegates  and  the  documents,  to  prepare  tables  of  the  places 
of  holding  separate  elections  and  of  the  terms  of  the  courts,  as  re- 
quired by  the.  sixteenth  chapter,  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars.     The  further  sum  of  fifty  dollars  per  Assistant  clerks 
week  during  the  session  of  the  general  assembly  shall  be  allowed  to  senate  and  house 
the  clerk  of  the  senate,  and  the  same  sum  to  the  clerk  of  the  house  ° 
of  delegates,  to  enable  each  of  said  clerks  to  employ  one  assistant. 
Hereafter,  at  the  expiration  of  each  annual  session  of  the  general  .Sketch  of  acts, 
assembly,  it  shall  be  the  duty  of  the  clerk  of  the  house  of  delegates  wa^™  t0  be  pre" 
to  prepare  for  publication  a  sketch  or  synopsis  of  the  several  acts  and 
joint  resolutions  passed  during  the  session.     For  the  services  hereby 
required,  the  said  clerk  shall  receive  fifty  dollars. 

"  §  14.   The  sergeant  at  arms  of  the  senate  and  the  sergeant  at  Sergeant  as 
arms  of  the  house  of  delegates  shall  each  receive  the  sum  of  fifty  arms 
dollars  per  week  during  the  session  of  the  general  assembly.     Each 
of  said  sergeants  shall  be  allowed  for  taking  any  person  into  custody, 
by  the  order  of  the  house,  two  dollars ;  for  every  day  he  detains  such 
person  in  custody,  two  dollars;  and  for  the  travel  of  himself  or  a 
messenger  to  take  any  person  into  custody  by  such  order,  eight  cents 
per  mile  going,  and  the  same  returning.     The  doorkeepers  of  both  Doorkeepers 
houses  shall  receive  the  sum  of  fifty  dollars  each  week  during  the 
session  of  the  general  assembly.     The  clerks  of  the  several  standing  clerks  of  cam 
committees  in  each  house  shall  be  allowed  for  their  services  forty  initteeS 
dollars  per  week  until  discharged  ;  that  is  to  say  :  In  the  senate,  the 
clerk  of  the  committee  on  loads  and  internal  navigation;  the  clerk 
of  the  committees  on  general  laws  and  of  confederate  relations ;  the 
clerk  of  the  committees  for  courts  of  justice  and  of  finance;  and  the 
clerk  of  the  committees  on   public  institutions,   of  privileges   and 
elections  and  on  banks.     And  in  the  house  of  delegates,  the  clerk  of 
the  committees  for  courts  of  justice  and  of  schools  and  colleges;  the 
clerk  of  the  committees  of  propositions  and  of  claims;  the  clerk  of 
the  committee  on  finance ;  the  clerk  of  the  committees  of  privileges 
and  elections  and  on  agriculture  and  manufactures;,  the  clerk  of  the 
committees  on  banks  and  on  military  affairs ;  and  the  clerk  of  the 
committee  of  roads  and  internal  navigation.     The  said  clerks  shall  How  appoiated 
be  appointed  by  the  clerk  of  the  senate  and  the  clerk  of  the  house 
of  delegates  respectively,  and  shall  perform  the  duties  of  clerks  of  Duties 
any  other  committees  in  their  respective  houses,  and  any  similar  ser- 
vice that  may  be  required  of  them,  without  additional  compensation."' 

The  sixteenth  section  of  chapter  fourteen  of  the  Code,  as  amended  Code  amended 
by  the  act  passed  March  twenty- eighth,  eighteen  hundred  and  sixty- 
tnree,  entitled  an  act  to  amend  and  re-enact  the  sixteenth  and 
eighteenth  sections  of  the  fourteenth  chapter  of  the  Code  of  Virginia, 
bo  as  to  increase  the  salaries  of  certain  officers  of  the  penitentiary,  is 
hereby  further  amended  and  re-enacted  so  as  to  read  as  follows: 

"§  16.    The  superintendent  of  the  penitentiary  shall  receive  the  Superintendent 
sum  of  two  thousand  five  hundred  dollars;  the  first  assistant  keeper,  ^nitentfary0* 
one  thousand  dollars;    the   second,    third,  fourth,  fifth,    sixth   and  their  salary  ' 
seventh  assistant  keepers,  each  nine   hundred  dollars.     Moreover, 
each  of  said  assistant  keepers  shall  be  allowed  one  hundred  dollars 
worth  of  the  manufactures  of  the  penitentiary,  at  the  prices  fixed  by 
.  the  directors,  every  year  in  which  the  labor  and  manufactures  thereof 
shall  amount  to  the  sum  of  thirty-two  thousand  dollars.     The  sur-  Surgeon 
geon  of  the  penitentiary  and  public  guard  shall  receive  the  sum  of 
one  thousand  dollars." 

2.    The  fourteenth  section  of  chapter  twenty-one  of  the  Code  of  Code  amended 
Virginia  (edition  of  eighteen  hundred  and  sixty)  is  hereby  amended 
and  re-enacted  so  as  to  read  as  follows : 


10 


CHANGES   IN   CODE. 


Superintendent 
of  public  build- 
ings 


Cede  amended 


Act  of  1862 

amended 


Adjutant  gene- 
ral's office 


Code  amended 


Secretary  may 
be  appointed 


When  computa- 
tion of  salaries 
to  commence 


Limitation  as  to 

fees 

Exception 


Commencement 


"  §  14.  The  superintendent  of  public  buildings  shall  receive  an- 
nually out  of  the  treasury  a  salary  of  eight  hundred  dollars,  payable 
as  other  salaries  are  paid.  He  shall  also  receive  annually  out  of  the 
treasury  a  reasonable  sum,  to  be  appropriated  thereto,  not  to  exceed 
eight  hundred  dollars,  payable  monthly  out  of  the  civil  contingent 
fund,  to  enable  him  to  pay  the  servants  and  assistants  he  may  have 
to  employ." 

3.  The  twenty-seventh  section  of  chapter  twenty-three  of  the 
Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty),  as  amended 
by  an  act  passed  February  twenty-first,  eighteen  hundred  and  sixty- 
two,  entitled  an  act  to  amend  section  twenty-seven  of  chapter  twenty- 
four  of  the  Code  (new  edition),  providing  for  a  clerk  in  the  adjutant 
general's  office,  is  hereby  further  amended  and  re-enacted  so  as  to 
read  as  follows : 

"  §  27.  The  adjutant  general  sball  receive  for  his  services  thirty- 
five  hundred  dollars,  payable  as  other  salaries  are  paid.  He  shall 
appoint  one  clerk  in  his  office,  who  shall  receive  a  salary  of  seven- 
teen hundred  and  fifty  dollars,  to  be  paid  as  other  salaries  are  paid. 
He  shall  reside  at  or  near,  and  shall  keep  his  office  at  the  seat  of  go- 
vernment ;  but  when  the  public  service  shall  render  it  expedient,  the 
governor  may  direct  him  to  remove  with  his  office  to  any  other  place 
within  the  state." 

4.  The  tenth  section  of  chapter  sixty-six  of  the  Code  of  Virginia 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows  : 

"  §  10.  The  board  of  public  works  shall  have  power  to  appoint  a 
secretary,  whose  salary  shall  be  annually  twenty-two  hundred  and 
fifty  dollars.  He  shall  keep  a  record  of  the  official  acts  of  the  board, 
and  shall  discharge  such  other  duties  as  may  be  prescribed  by  the 
board.  The  proceedings  of  each  day  shall  be  signed  by  the  person 
presiding  on  that  day.  The  said  proceedings  shall  be  at  all  times 
open  to  inspection." 

5.  The  salary  of  each  of  the  officers  mentioned  in  the  preceding 
sections  of  this  act  shall  commence  on,  and  be  computed  from  the 
first  day  of  April  eighteen  hundred  and  sixty-three :  provided,  that 
this  section  shall  not  be  construed  to  apply  to  persons  not  now  in 
office. 

6.  No  officer  whose  salary  is  hereby  increased,  except  the  clerk 
of  the  senate  and  the  clerk  of  the  house  of  delegates,  shall  receive 
from  the  treasury  any  other  compensation  for  services  hereafter  ren- 
dered, by  virtue  of  his  office  aforesaid,  than  the  salary  aforesaid;  and 
the  fees  and  other  perquisites  hereafter  accruing  and  now  allowed  by 
law  to  any  such  officer,  shall  be  paid  by  him  into  the  public  treasury. 

7.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue 
in  force  for  twelve  months  after  the  ratification  of  a  treaty  of  peace 
between  the  United  States  and  the  Confederate  States  of  America. 


Act.  of  1853 
amended 


Chap.  12. — An  ACT  to  amend  and  re-enact  the  14th  section  of  chapter  14 
of  the  Code  of  Virginia,  as  amended  and  re-enacted  by  an  act  entitled  an 
act  to  amend  the  1st.  2d,  3d,  4th,  5th,  13th,  14th  and  16th  sections  of  chap- 
ter 14;  the  14th  section  of  chapter  2J ;  the  27th  section  of  chapter  23,  and 
the  10th  section  of  chapter  66  of  the  Code  of  Virginia  (edition  of  1660), 
so  as  to  increase  the  salaries  of  certain  Officers  of  the  Government,  passed 
October  13th,  1 863. 

Fassed  October  26,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fourteenth  sec- 
tion of  chapter  fourteen  of  the  Code  of  Virginia,  as  amended  and  re- 
enacted  by  the  first  section  of  an  act  entitled  an  act  to  amend  the 
first,  second,  third,  fourth,  fifth,  thirteenth,  fourteenth  and  sixteenth 
sections  of  chapter  fourteen ;  the  fourteenth  section  of  chapter  twenty- 
one  ;  the  twenty-seventh  section  of  chapter  twenty-three,  and  the 


CHANGES   IN    CODE.  11 

tenth  section  of  chapter  sixty-six  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty),  so  as  to  increase  the  salaries  of  certain 
officers  of  the  government,  passed  October  thirteenth,  eighteen  hun- 
dred and  sixty-three,  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

"§  14.   The  sergeant  at  arms  of  the  senate  and  the  sergeant  at  ray  of  sergeant 
arms  of  the  house  of  delegates  shall  each  receive  the  sum  of  fifty  dooTkeepe^ 
dollars  per  week  during  the  session  of  the  general  assembly.     Each 
of  said  sergeants  shall  be  allowed  for  taking  any  person  into  custody 
by  the  order  of  the  house,  two  dollars ;  for  every  day  he  detains  such 
person  in  custody,  two  dollars ;  and  for  the  travel  of  himself  or  a 
messenger  to  take  any  person  into  custody  by  such  order,  eight  cents 
per  mile  going  and  the  same  returning.     The  doorkeepers  of  both 
nouses  shall  receive  the  sum  of  fifty  dollars  each  week,  during  the 
session  of  the  general  assembly.     The  clerks  of  the  several  standing  Clerks  of  com- 
committees  in  each  house  shall  be  allowed  for  th^eir  services  fifty  dol-  mittees 
lars  per  week  until  discharged ;  that  is  to  say :  In  the  senate,  the 
clerk  of  the  committee  of  roads  and  internal  navigation ;  the  clerk 
of  the  committees  on  general  laws  and  of  confederate  relations ;  the 
clerk  of  the  committees  for  courts  of  justice  and  finance;  and  the 
clerk  of  the  committees  on  public  institutions,  of  privileges  and  elec- 
tions and  on  banks.     And  in  the  house  of  delegates,  the  clerk  of  the 
committees  for  courts  of  justice  and  of  schools  and  colleges;  the  clerk 
of  the  committees  of  propositions  and  of  claims ;  the  clerk  of  the  com- 
mittee on  finance ;  the  clerk  of  the  committees  of  privileges  and  elec- 
tions and  on  agriculture  and  manufactures ;  the  clerk  of  the  commit- 
tees on  banks  and  on  military  affairs,  and  the  clerk  of  the  committees 
of  roads  and  internal  navigation  and  on  the  penitentiary.     The  said  How  appointed 
clerks  shall  be  appointed  b}T  the  clerk  of  the  senate  and  the  clerk  of 
the  house  of  delegates  respectively,  and  shall  perform  the  duties  of  Their  duties 
clerks  of  any  other  committees  in  their  respective  houses,  and  any 
similar  service  that  may  be  required  of  them,  without  additional  com- 
pensation." 

2.   Tins  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  13. — An  ACT  amending  and  re-enacting  the  1st  and  3d  sections  of 
chapter  10  of  the  Code  of  Virginia  (edition  of  I860),  so  as  to  extend  the 
time'within  which  a  person  intending  to  contest  the  election  of  another 
as  Senator  or  Delegate,  may  give  notice. 

Passed  October  30,  1863. 

1.    Be  it  enacted  by  the  general  assembly,  that  the  first  and  third  Code  amended 
sections  of  chapter  ten  of  the  Code  of  Virginia  (edition  of  eighteen 
hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

"  §  1.  Any  person  intending  to  contest  the  election  of  another,  as  When  notice 
senator  or  delegate  to  the  general  assembly,  shall,  within  twenty  may  be  given 
days  after  the  day  on  which  the  result  »f  the  election  shall  be  ascer- 
tained, declared  and  certified,  as  provided  by  law,  give  to  the  other 
notice  thereof  in  writing,  and  a  list  of  the  votes  he  will  dispute,  List  of  votes 
with  his  objections  to  each,  and  of  the  votes  improperly  rejected,  for 
which  he  will  contend.     If  he  object  to  the  legality  of  the  election,  Objections 
or  eligibility  of  the  person  elected,  the  notice  shall  set  forth  the  ob- 
jections;   and  the  person  whose  election  is  contested  shall,  within 
twenty  days  after  receiving  such  notice,  deliver  to  his  adversary  a 
like  list  of  votes  which  he  will  dispute,  with  his  objections,  and  of 
the  votes  improperly  rejected,  which  he  will  claim,  and  notice  of  his  Eligibility 
objections,  if  any  he  has,  to  the  eligibility  of  the  contesting  party. 
Each  party  shall  append  to  the  list  of  votes  he  intends  to  dispute  or 
claim,  an  oath  to  the  following  effect:     'I  do  swear,  that  I  have 
reason  to  believe  the  persons  whose  names  are  above  mentioned,  are 


12 


CHANGES   IN    CODE. 


not  legally  qualified  (or  are  qualified,  as  the  case  ma}'  be)  to  vote  in 
the  county  of  .  (or  corporation  or  district  of  ).'" 

"§  3.  Where,  however,  such  contest  arises  upon  a  special  elec- 
tion to  fill  a  vacancy,  held  at  any  other  time  than  the  general  elec- 
tion day,  the  notice,  with  specifications  as  above,  shall  be  given  by 
the  contesting  party  within  ten  days  after  the  day  on  which  the  result 
of  the  election  shall  be  ascertained,  declared  and  certified,  as  pro- 
vided by  law ;  and  by  the  party  whose  right  is  contested,  within  five 
days  after  receiving  such  notice ;  and  they  shall  respectively  begin 
to  take  depositions  within  ten  days,  and  finish  them  within  twenty 
days  after  the  result  of  the  election  is  declared  and  certified  as  afore- 
said, unless  further  time  shall  be  allowed  by  a  resolution  of  the  house 
in  which  the  contest  exists,  or  unless  the  legislature  shall  adjourn 
before  the  time  aforesaid  shall  have  expired ;  in  which  case  the  par- 
ties may  continue  to  take  depositions  until  within  thirty  days  of  the 
next  meeting  of  the.  general  assembly." 
Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


In  special  elec- 
tions 


Depositions 


Code  amended 


Penalty  for  un- 
lawful gaming 
Infamous 
offence 


Whipping 

Property  for- 
feited 


When  property 
may  be  seized 


Amount  to  per- 
son malting 
seizure 


Penalty  for  rent 
iug  bouses  for 
gambling 
Hiring  slaves 


Chap.  14. — An  ACT  to  suppress  Gaming. 
Passed  October  16,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first,  second 
and  fourth  sections  of  chapter  one  hundred  and  ninety-eight  of  the 
Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty)  be  amended 
and  re-enacted  so  as  to  read  as  follows : 

"  §  1.  A  free  person  who  shall  keep  or  exhibit  a  gaming  table, 
commonly  called  A  B  C,  or  E  0  table,  or  faro  bank,  or  table  of  like 
kind,  under  any  denomination,  whether  the  game  or  table  be  played 
with  cards,  or  any  evasive  substitute  for  cards,  dice,  or  otherwise,  or 
who  shall  be  a  partner,  or  concerned  in  interest,  or  employed  or  en- 
gaged in  amy  manner  in  the  keeping  or  exhibiting  such  table  or  bank, 
or  who  shall  permit  the  keeping  or  exhibition  of  such  table  or  bank 
in  any  room  or  apartment  of  his  house  or  premises,  shall,  upon  con- 
viction thereof,  be  deemed  to  be  guilty  of  an  infamous  offence,  in  the 
meaning  of  the  constitution  of  this  state,  and  shall  be  confined  in 
jail  not  less  than  two  nor  more  than  twelve  months,  and  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars, 
and  may,  at  the  discretion  of  the  court,  be  subjected  to  stripes  on  his 
bare  back,  not  exceeding  thirty-nine ;  and  all  the  right,  title  and  inte- 
rest, legal  or  equitable,  of  such  person  in  any  real  property,  including 
the  lot  and  premises  thereto  attached,  in  or  upon  which  such  gaming 
may  be  carried  on,  shall  be  absolutely  forfeited  to  and  vested  in  the 
commonwealth.  Any  such  table  or  faro  bank,  and  all  money  found 
thereon,  or  other  property  staked  or  exhibited  to  allure  persons  to 
bet  at  such  table,  and  all  household  or  other  personal  property  used 
or  employed  in  such  gaming  house,  may  be  seized  by  order  of  a 
court,  or  under  warrant  of  a  justice,  mayor  of  a  city  or  town,  or 
judge  in  vacation ;  and  the  money  so  seized,  after  deducting  there- 
from one-half  for -the  person  or  persons  making  the  seizure,  shall  be 
forfeited,  as  provided  in  the  twenty-fourth  section  of  chapter  fifty-one 
of  the  Code,  (edition  of  eighteen  hundred  and  sixty),  in  respect  to  the 
forfeiture  declared  by  that  chapter :  provided,  that  twenty  per  centum 
of  the  entire  value  of  the  property  forfeited  shall,  in  each  case  of 
conviction,  be  payable  to  the  commonwealth's  attorney  who  prose- 
cuted the  case. 

"  §  2.  Be  it  further  enacted,  that  any  person  who  shall  knowingly 
rent  to  any  person  any  real  property  for  such  unlawful  gaming,  with 
intention  to  allow  the  use  of  the  same  for  the  purpose  aforesaid,  or 
any  person  who  shall  knowingly  hire  any  slave  to  any  such  person, 
with  intention  to  allow  such  slave  to  be  employed  in  any  service  con- 
nected with  such  gaming,  shall  be  fined  not  less  than  one  hundred 


CHANGES   IN   CODE.  13 

dollars  nor  more  than  one  thousand  dollars ;  and  upon  conviction,  Property,  when 
all  their  right,  title  and  interest,  legal  or  equitable,  in  any  such  real forfeited 
estate,  and  their  right  to  such  slave,  shall  be  absolutely  forfeited  to 
and  vest  in  the  commonwealth." 

"  §  4.  If  a  free  person  bet  or  play  at  any  such  table  or  bank  as  is 
mentioned  in  the  first  section,  or  if  at  any  ordinary,  race  field  or 
other  public  place,  he  play  at  any  game  except  bowles,  chess,  back- 
gammon, draughts,  or  a  licensed  game,  or  bet  on  the  sides  of  those 
who  play,  he  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  and  shall,  if  required  by  the  court, 
give  security  for  his  good  behavior  for  one  year,  or  in  default  thereof, 
may  be  imprisoned  not  more  than  three  months." 

2.  Be  it  further  enacted,  that  any  free  negro  who  shall  knowingly  Free  negro, 

be  engaged  as  a  servant,  and  employed  as  such  in  any  house  or  other  when  t0  be  80ld 
place  kept  for  such  unlawful  gaming,  shall,  upon  conviction,  be  de- 
clared to  be  a  slave  for  life,  and  sold  into  slavery.     The  trial  and 
proceedings  against  such  negro  shall  be  the  same,  as  far  as  applica- 
ble, as  that  prescribed  by  law  for  gelling  free  negroes  into  slavery. 

3.  It  shall  be  the  duty  of  the  court  in  which  a  conviction  rna.y  be  Duty  of  court 
made,  to  order  any  property  forfeited  under  this  act  to  be  sold  for  a^°ef°?rfeited 
cash,  and  after  paying  all  the  expenses  attending  such  sale,  order 
one-half  of  the  net  proceeds  to  be  paid  to  the  informer,  if  th^re  shall 

be  an  informer,  and  the  residue  to  be  paid  into  the  treasury. 

4.  If  only  an  equitable  right  or  title  to  real  estate  shall  be  forfeited  How,  as  to  equi- 
under  this  act,  the  purchaser  shall  be  substituted  by  suit  in  equity  to  table  titIe 

all  the  rights  and  remedies  of  the  person  convicted,  in  respect  to 
such  real  estate.    Tn  all  cases  in  which  the  person  convicted  is  seized 
of  the  title  in  fee  simple,  or  possessed  of  a  less  estate  than  the  free- 
hold in  the  real  estate  so  sold,  the  court  shall,  upon  payment  of  the  Conveyance,     m 
purchase  money  into  the  treasury,  order  a  conveyance  to  be  made  to  how  mad« 
the  purchaser. 

5.  No  conviction  shall  be  had  under  this  act,  upon  the  testimony  Corroborative 
of  any  informer,  without  other  or  corroborative  evidence,  unless  such  evidence 
informer  shall  disclaim  any  right  to  the  proceeds  of  any  forfeiture 

under  this  act. 

6.  It  shall  be  the  duty  of  every  justice  of  the  peace,  or  mayor  of  when  search 

a  city,  who  has  probable  cause  to  suspect  that  any  house  is  kept  for  anfl  examination 
the  purpose  of  exhibiting  any  game  prohibited  by  this  act,  to  issue  premises 
his  warrant,  directed  according  to  law,  for  the  search  and  examina- 
tion of  the  premises ;  and  if  upon  such  search  and  examination  it  shall  Proceedings 
appear  that  such  house  is  kept  for  the  purpose  of  exhibiting  and  car-  after  8earch 
rying  on  such  unlawful  gaming,  or  if  it  shall  appear  upon  proof  that 
such  gaming  has  been  exhibited  and  carried  on,  at  any  time  within 
ten  days  previous 'to  such  search  and  examination,  within  such  house, 
it  shall  be  the  duty  of  the  officer  to  seize  and  take  possession  of  all  when  officer  to 
property  liable  to  forfeiture  under  this  act,  and  to  hold'  the  same  sub-  seize  Pr°Perty 
ject  to  the  orders  of  the  justice  or  mayor  issuing  the  warrant.     And  order  as  to  aafe- 
it  shall  be  the  duty  of  the  justice  or  mayor  to  order  the  same  to  be  keePins 
held  safely,  to  abide  the  orders  of  the  court  in  which  the  prosecution 
may  be  had,  except  that  gaming  tables  and  money  so  seized  may  be 
disposed  of  as  herein  provided. 

7.  It  shall  be  the  duty  of  the  attorney  for  the  commonwealth  to  Duty  of  attor- 
file  with  the  indictment  or  information  a  description  in  writing  of  the  n.p?  *°?  common- 
property  liable  to  forfeiture;  and  upon  conviction,  the  court  shall 
immediately  cause  a  rule  to  be  served  upon  the  owner  to  show  cause 

against  the  forfeiture;  and  upon  the  return  of  the  rule,  the  court 
shall  proceed,  without  other  pleadings,  to  determine  the  question  of 
forfeiture. 

8.  This  act  shall  be  in  force  from  its  passage,  Commencement 


]4  CHANGES   IN    CODE. 

Chap.  15. — An  ACT  to  amend  and  re-enact  an  act  passed  March  11th,  J 863, 
entitled  an  act  to  amend  the  39th  section'  of  chapter  184  of  the  Code  of 
Virginia  (edition  of  1860)  so  as  to  increase  the  Compensation  of  Clerks 
and  Sheriffs  for  Public  Services. 

Passed  October  30,  1863. 

Code  amended  1 .  Be  it  enacted  by  the  general  assembly,  that  the  act  passed 
March  the  eleventh,  eighteen  hundred  and  sixty-three,  entitled  an 
act  to  amend  the  thirty-ninth  section  of  chapter  one  hundred  and 
eighty-four  of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and 
sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows: 
Amount  to  "§  39.   There  shall  be  chargeable  in  every  county  or  corporation 

clerks,  &c  such  sum  as  the  court  thereof  may,  for  services  to  the  public  of  the 

county,  city  or  town,  allow  its  clerk  and  the  sheriff  or  sergeant  at- 
tending it,  not  exceeding  for  one  year  four  hundred  dollars  to  its 
Exception  as  to  clerk,  and  seventy-five  dollars  to  its  sheriff  or  sergeant;  and  the  cor- 
K?chmoncf  and  Porati°n  courts  of  Richmond  and  Petersburg  may  make  such  allow- 
ance as  they  may  deem  proper  to  their  respective  clerks  and  sergeants, 
for  services  for  which  no  other  compensation  is  made  by  law." 
Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  16. — An  ACT  to  amend  and  re-enact  the  17th  section  of  the  61st 
chapter  of  the  Code  of  Virginia,  giving  priority  of  Transportation  for  Food 
to  Consumers. 

Tassed  October  31,  1863. 

Code  amended        1.   Be  it  enacted  by  the  general  assembly,  that  the  seventeenth 

section  of  chapter  sixty-one  of  the  Code  of  Virginia   (edition  of 

eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to 

read  as  follows : 

When  rail  road       "§  17.    So  soon  as  any  portion  of  a  rail  road  may  be  ready  for 

company  to        transportation,  the.  rail  road  companv  mayj  by  its  officers  and  agents, 

transport  ,x  '  ,  ,  tr      J  J  i     J  .i  &      <• 

or  by  contractors,  transport  persons  and  property  on  the  same;  lor 
which  purpose,  there  shall  be  kept  in  good  order  such  locomotives, 
cars  and  other  things  as  may  be  proper.     The  company  shall  have 
the  exclusive  right  of  transportation  on  its  road,  and  shall,  upon  the 
payment  or  tender  of  the  lawful  rates  of  freight  or  toll,  transport  to, 
and  deliver  at  any  depot,  or  other  regular  stopping  place  indicated 
by  the  owner,  such  articles  as  shall  be  delivered  or  offered  at  any 
depot  or  other  receiving  place,  in  proper  condition  to  be  transported. 
Order  of  time  of  The  property  of  all  persons  shall,  as  far  as  practicable,  be  trans- 
transportation     ported  in  the  order  of  time  in  which  it  shall  be  delivered  or  offered, 
Priority  of  and  the  freight  or  tolls  paid  or  tendered:  provided,  that  it  shall  be 

transportation     ^]ie  ftnty  0f  every  such  company,  duriug  the  present  war,  under  regula- 
tions to  be  prescribed  or  approved  by  the  board  of  public  works,  to  give 
priority  of  transportation  to  articles  intended  for  food,  in  the  hands 
of,  or  purchased  by  consumers,  or  in  the  hands  of,  or  purchased  by 
cities,  counties  and  corporations,  and  designed  for  gratuitous  distri- 
Express freight  bution,  or  for  sale  at  prices  not  exceeding  the  cost  and  charges:  and 
not  to  be  charged  pr0yifle^  further,  that  the  articles  embraced  by  the  preceding  proviso 
shall  not  be  subject  to  express  freight,  but  shall  be  transported  at 
the  rates  prescribed  for.    such  articles  when  carried   as   ordinary 
freight." 
Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  17. — An  ACT  to  amend  and  re-enact  section  11  of  chapter  S03  of  the 

Code  of  Virginia. 

Passed  October  30,  1863. 

Code  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  eleventh  sec- 
tion of  chapter  two  hundred  and  eight  of  the  Code  of  Virginia  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

V 


CHANGES   IN   CODE.  15 

"  §  11.   When  in  a  criminal  case  the  jury  are  kept  together  beyond  Board  of  jurors 
the  day  on  which  they  are  impanneled,  the  court  shall  direct  its  offi- 
cer to  furnish  them  with  suitable  board  and  lodging  while  so  confined. 
The  expenses  thereof,  not  exceeding  three  dollars  per  day  for  each 
juror,  shall  be  paid  out  of  the  treasury,  when  allowed  by  the  court." 

2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  18. — An  ACT  to  amend  and  re-enact  the  4th,  5th  and  56th  sections  of 

the  87th  chapter  of  the  Code  of  Virginia. 

Passed  October  10,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fourth,  fifth  and  Code  amended 
fifty-sixth  sections  of  chapter  eighty-seven  of  the  Code  of  Virginia 

be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  4.  For  each  hogshead  of  tobacco  received,  inspected,  stored  or  Rates  of  retu 
delivered  out  at  any  such  warehouse,  rent  shall  be  paid  to  the  inspec- 
tors at  the  following  rates,  to  wit:  Three  dollars,  if  the  warehouse  be 
in,  and  two  dollars  and  fifty  cents,  if  it  be  not  in  Richmond,  Peters- 
burg, Alexandria,  Lynchburg,  Farmville,  Danville  or  Clarkesville ; 
which  rent  shall  be  for  the  exclusive  use  of  the  proprietors  of  the 
warehouse,  if  it  be  built  of  brick  or  stone,  with  fire  proof  covering ; 
but  if  not  so  built,  fifty  cents  out  of  every  such  three  dollars  or  two  what  for  state 
dollars  and  fifty  cents,  shall  be  for  the  state. 

"  §  5.   There  shall  also  be  paid  to  the  inspectors  at  any  warehouse,  Rates  of  charges 
for  the  use  of  the  proprietor,  for  all  tobacco  lying  therein  more  than for  tobacco 
twelve  months,  at  the  rate  of  thirty  cents  per  month  for  each  hogs- 
head, for  each  month  from  and  after  fthe  passage  of  this  act." 

"  §  56.   If  any  tobacco  stored  in  any  warehouse  belonging  to  the  wrhen  value  re- 
state be  damaged  by  fire  at  any  time  while  remaining  in  said  ware-  of^mae"  bir e 
house,  the  owner  may  in  like  manner  recover  the  amount  of  his  da-  fire 
mages  ;  but  if  said  tobacco  should  be  so  damaged  after  remaining  in  Proviso 
the  wai'ehouse  more  than  a  year,  then  the  damage  so  recovered  shall 
not  exceed  in  amount  the  value  of  the  tobacco  at  the  time  when  the 
same  was  received  for  inspection." 

2.  This  act  shall  be  in  force  from  its  passage,  and  until  six  months  Commencement 
after  the  ratification  of  a  treaty  of  peace  between  the  Confederate 

States  and  the  United  States. 


Chap.  19. — An  ACT  to  amend  and  re-enact  the  9th  section  of  the  57th  chap- 
ter of  the  Code  of  Virginia  (edition  of  1860). 
Passed  October  29, 1863. 

1„   Be  it  enacted  by  the  general  assembly,  that  section  nine,  chap-  Code  amended 
ter  fifty-seven  of  the  Code  of  Virginia  (edition  of  eighteen  hundred 
and  sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  9.   To  constitute  a  meeting  of  stockholders  other  than  the  an-  How  meeting'  of 
nual  meeting  of  stockholders  of  a  bank  of  circulation,  there  must  be  co'natltrited3 
present  those  who  can  give  a  majority  of  all  the  votes  which  could  be 
given  by  all  the  stockholders.     If  a  sufficient  number  fail  to  attend 
at  the  time  and  place  for  a  -meeting,  those  who  do  attend  may  adjourn 
from  time  to  time  until  a  meeting  shall  be  regularly  constituted.    The 
annual  meeting  of  the  stockholders  of  a  bank  of  circulation  may  be 
held  by  any  number  that  may  be  present.    A  meeting  of  stockholders  when  to  adjoura 
may  adjourn  from  time  to  time  until  its  business  is  completed  :  pro-  Proviso 
vided,  that  if  during  the  existing  war  with  the  United  States  a  majo- 
rity of  all  the  votes  cannot  be  present  as  aforesaid,  because  stock- 
holders are  within  the  lines  of  the  public  enemy,  such  meeting  may 
be  held,  if  there  shall  be  present  those  who  can  give  a  majority  of 
all  the  votes  which  could  be  given  by  stockholders  other  than  the 
commonwealth." 

2.   This  act  shall  be  in  force  from  its  passage.  •Commencement 


16  CHANGES   IN    CODE. 

CHAP.  20.— An  ACT  to  amend  the  act  passed  February  13th,  1862,  entitled 
an  act  to  amend  section  14  of  chapter  163  of  the  Code,  in  relation  to  the 
Removal  of  the  Records  and  Papers  of  Courts. 
Passed  October  1,  1863. 

Code  and  Act  of  1.  Be  it  enacted  by  the  general  assembly,  that  the  fourteenth  sec- 
1862  amended  tion  0f  chapter  one  hundred  and  sixty-three  of  the  Code  of  Virginia, 
as  amended  by  the  act  passed  February  thirteenth,  eighteen  hundred 
and  sixty-two,  entitled  an  act  to  amend  section  fourteen  of  chapter 
one  hundred  and  sixty-three  of  the  Code,  in  relation  to  the  removal 
of  the  records  and  papers  of  courts,  be  amended  and  re-enacted  so 
as  to  read  as  follows  : 

"  §  14.  None  of  the  records  or  papers  of  a  court  shall  be  removed 
by  the  clerk,  nor  allowed  by  the  court  to  be  removed  out  of  the  county 
or  corporation  wherein  the  clerk's  office  is  kept,  except  on  an  occa- 
sion of  invasion  or  insurrection,  actual  or  threatened,  where,  in  the 
opinion  of  the  court,  or  in  a  very  sudden  case,  of  the  clerk,  the  same 
will  be  endangered :  after  which,  they  are  to  be  returned  as  soon  as 
the  danger  cease's ;  and  except  in  such  other  cases  as  are  specially 
"Wbatin  ease  of  provided  by  law.  And  in  the  event  of  the  death  of  the  clerk  of  the 
■death  of  clerk  circuit  or  county  court,  or  of  both  courts,  before  such  return,  it  shall 
be  the  duty  of  the  surviving  clerk  of  either  of  said  courts,  or  the  clerk 
pro  tempore  of  either,  to  take  charge  of  said  records  and  papers,  and 
retain  them,  subject  to  all  the  responsibilities  of  the  former  custo- 
dian.    Any  clerk  violating  this  section,  shall  forfeit  six  hundred  dol- 


51? cords  not  to 
be  removed 

"When  may  be 
removed 


Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Code  amended 


Section  9  of 
chapter  160 
amended 


Chap.  St. — An  ACT  amending  and  re-enacting  section  9,  chapter  160  of  the 
Code  of  Virginia  (edition  of  1860).    • 
Passed  October  21,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  nine  of 
chapter  one  hundred  and  sixty  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to 
read  as  follows : 

"  §  9.   The  sessions  and  terms  of  the  supreme  court  of  appeals,  and 
the  powers  and  duties  of  the  court  at  each  place  of  session,  shall  con- 
tinue according  to  the  laws  in  force  at  or  since  the  adoption  of  the 
constitution,  except  that  the  court,  at  one  place  of  session,  may  also, 
if  it  see  fit,  appoint  and  take  bond  from  the  clerk  of  the  court  at  the 
When  appellate  other  place ;  and  except  likewise  that  the  appellate  jurisdiction  of 
iiiwisdictionexer-  gajc{  court  in  any  criminal  case,  or  in  any  case  of  habeas  corpus,  may 
be  exercised  at  either  place  of  session,  no  matter  in  what  county  or 
corporation  the  circuit  court  may  have  been  held  which  rendered  the 
judgment  in  such  case  ;  and  a  criminal  case,  or  a  case  of  habeas  cor- 
pus, pending  in  said  court  at  one  place,  may  at  any  time,  by  its  order, 
be  transferred  to  the  other,  and  be  there  heard  and  determined." 
Commencement      2. '  This  act  shall  be  in  force  from  its  passage. 


Special!  terms, 
!iow  held 


Chap.  22. — An  ACT  authorizing  Special  Terms  of  the  Circuit  Courts  to  be 
held  to  carry  into  effect  the  provisions  of  the  law  to  prevent  the  unlawful 
distillation  of  Whiskey  or  other  Spirituous  or  Malt  Liquors. 
Passed  September  30, 1863. 

J.  Be  it  enacted  by  the  general  assembly,  that  if  the  judge  of  any 
circuit  court  of  the  state  shall  deem  it  necessary  to  hold  a  special 
term  in  any  county  in  his  circuit,  to  carry  into  effect  the  provisions 
of  the  law  to  prevent  the  unlawful  distillation  of  whiskey,  or  other 
spirituous  or  malt  liquors,  out  of  grain,  potatoes,  sugar,  molasses, 
sugar  cane,  molasses  cane  or  sorghum,  it  shall  be  lawful  for  him  to 


CHANGES   IN   CODE.— TRIAL   OP   FRIENDLY   SUITS.  17 

appoint  a  special  term  of  the  court,  and  to  issue  his  warrant  for  hold-  Warrant,  when 

ing  the  same,  as  is  prescribed  by  the  twenty-ninth  section  of  chapter  isaued 

one  hundred  and  fifty-eight  of  the  Code  of  eighteen  hundred  and 

sixty ;  at  which  term  the  court  may  exercise  the  like  jurisdiction  as 

might  be  exercised  under  the  said  laws  at  a  regular  term  of  the  said 

court. 

2.  The  mode  of  proceeding  upon  presentments,  indictments  or  in-  Mode  of  proce- 
formations  charging  offences  against  the  said  laws,  may  be  as  is  now  dura 
prescribed  by  law  in  such  cases,  or  as  prescribed  by  section  twenty- 
third  of  chapter  two  hundred  and  seven  of  the  Code  of  eighteen  hun- 
dred and  sixty,  as  to  the  offences  therein  referred  to,  as  the  court 

may  deem  best. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  23. — An  ACT  amending  the  Road  Law  of  the  Commonwealth. 
Passed  October  3, 1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Sec! ion  28  of 
twenty-eighth  section  of  the  fifty-second  chapter  of  the  Code  of  Vir-  ^apter  52  of 

..«:*>  -,-.         ,  .Ji  ■  r-.         c  ,,  Code  amended 

gima  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  23.    Every  person  appointed  under  either  of  the  two  preceding  whenpersorsto 
sections,  shall,  either  in  person  or  by  a  sufficient  substitute,  when  re-  work  on  roadB 
quired  by  the  proper  surveyor,  attend  with  proper  tools,  and  work  the 
road  on  such  days  as  the  surveyor  may  direct.     For  every  day  on  penalties  for 
which  there  may  be  a  failure,  not  less  than  two  dollars  nor  more  than  failure 
four  dollars,  as  a  magistrate  may  determine,. shall  be  paid  to  the  sur- 
veyor within  twenty  days  thereafter,  by  the  person  in  default,  if  a 
person  of  full  age ;  or  if  he  be  an  infant,  by  his  parent  or  guardian  ; 
or  if  he  be  a  servant  or  slave,  by  his  overseer,  if  he  be  under  one ; 
otherwise,  by  his  master.     If  the  money  be  not  paid,  it  shall  be  reco- 
verable by  the  surveyor,  with  costs,  before  a  justice.     Any  money 
received  by  a  surveyor  under  this  section,  after  the  payment  of  costs, 
shall  be  applied  to  the  improvement  of  the  road  of  which  he  is  sur- 
veyor :  provided,  that  the  county  court  of  any  county,  the  magistrates  Proviso 
being  duly  summoned  for  the  purpose,  may  have  power  to  direct  the 
surveyor  not  to  call  for  hands  to  labor  upon  any  road,  whenever  the 
number  of  hands  liable  to  such  call  may  be  so  reduced  in  number  as 
that  their  employment  in  work  upon  such  road  will  cause  serious 
injury  to  the  agricultural  operations  of  the  people  living  in  the  vici- 
nity of  said  road  :  and  provided  further,  that  any  order  so  made  by 
the  said  court,  shall  be  a  bar  to  any  proceedings  against  such  sur- 
veyor for  a  failure  to  keep  his  road  in  the  condition  required  by  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  24. — An  ACT  to  provide  for  the  Trial  of  Friendly  Suits  in  Chancery 
for  Partition;  &.c,  arising  in  Counties  in  the  possession  of  the  enemy,  or 
threatened  with  invasion. 

Passed  October  29,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  whenever  any  when  friendly 
county  or  corporation  in  this  state  shall  be  in  the  possession  of  the  suits  in  chancery 
enemy,  or  shall  be  threatened  with  invasion,  or  whenever  the  existing  ™f^,!le  *"edta 

,     J  r  i     ii         .      .     ,.,„      u  r     r        i      •      •    -i ■  <•    1  a  anotcer  county 

state  ol  war  shall  make  it  difficult  or  unsafe  lor  the  jurisdiction  of  the 
courts  to  be  exercised  therein/ all  suits  in  chancery  arising  in  .said 
counties  or  corporations  for  partition,  or  for  the  sale  and  division  of 
property,  or  any  other  proceedings  in  chancery,  in  which  the  rights 
of  the  parties  are  not  controverted,  may  be  instituted  and  proceeded 
in  to  a  final  decree  in  the  circuit  court  of  a  county  in  an  adjoining 
circuit  not  so  situated  :  provided,  that  copies  of  all  decrees  entered  in 
such  causes  ehall  be  certified  to  the  clerk  of  the  circuit  court  of  the  whe-i  copies  to 

i)  be  certified 


3,8  TRANSFER   OF   CAUSES.— TRIAL. 

county  or  corporation  in  which  such  cause  would  have  been  instituted 
and  tried  but  for  the  passage  of  this  act. 
Commencement      2.  This  act  shall  be  in  force  from  its  passage.  « 


Chap.  25, — An  ACT  to  authorize  the  Transfer  of  Causes  from  the  Circuit 
Court  for  the  City  of  Williamsburg  and  County  of  James  City  to  other 
Circuit  Courts. 

Passed  October  23,  1863. 

"W "o  on  cause  may      1.   Be  it  enacted  by  the  general  assembly,  that  any  cause  now  de- 
be  removed        pending  and  undetermined  in  the  circuit  court  for  the  city  of  Wil- 
liamsburg and  county  of  James  City,  which  cannot  be  held  by  reason  of 
the  presence  or  proximity  of  the  public  enemy  to  the  place  where  such 
court  is  now  required  by  law  to  be  held,  may,  during  the  continuance 
of  the  present  war,  by  and  with  the  consent  of  the  parties  thereto,  or, 
Notice,  how        where  such  consent  cannot  be  obtained,  after  notice  of  ten  days,  per- 
sive?  ,      sonally  served  by  the  plaintiff  upon  the  defendant,  or  by  defendant 

upon  the  plaintiff,  or  by  publication  of  notice  in  some  newspaper 
published  in  the  city  of  Richmond,  once  a  week  for  four  weeks  suc- 
cessively, be  transferred  to,  and  docketed  in  the  circuit  court  of  the 
city  of  Richmond,  or  such  other  circuit  court  as  may  be  agreed  upon 
between  the  parties ;  or  in  the  absence  of  such  agreement,  in  the 
nearest  circuit  court  of  the  judicial  district  that  may  be  capable  of 
transacting  its  business. 
Suii,  how  pro-  2.  And  be  it  further  enacted,  that  any  cause  which  may  be  tran3- 
oaedud  m  ferred  to,  and  docketed  in  any  court  of  this  commonwealth,  in  ac- 

cordance with  the  preceding  section,  shall  be  proceeded  with  in  said 
court  as  if  the  same  had  originated  therein :  provided,  that  the  court 
shall  be  of  opinion  that  the  interests  of  the  parties  will  not  be  pre- 
judiced thereby:  aud  provided  further,  that  the  court  wherein  any 
cause  may  be  docketed  under  the  preceding  section,  may  at  any 
"W'bsa  cause  re-  time  order  its  removal  to  the  court  in,  which  it  originated,  when  said 
manded  court  shall  become  capable  of  transacting  its  own  business. 

When  cause  re-       3.   Any  cause  which  may,  under  this  act,  be  proceeded  in  to  final 
turned  judgment  or.  decree,  shall,  by  order  of  the  court,  as  soon  as  can  be 

done  in  safety,  be  returned  to  the  court  in  which  it  originated,  with 
duly  certified  copies  of  all  orders,  decrees  and  judgments  which  may 
have  been  pronounced  and  entered  therein. 
Commencement       4.    This  act  shall  be  in  force  from  its  passage. 


Chap.  26. — An  ACT  to  amend  and  re-enact  section  4  of  an  act  entitled  an 
act  to  provide  for  Trial  of  Persons  charged  with  Offences  committed  in 
Counties  in  the  possession  of  the  enemy,  or  threatened  with  immediate 
invasion,  passed  March  27th,  1862. 

Passed  October  8, 1863. 

Act  of  1862  !•   Be  it  enacted  by  the  general  assembly,  that  section  four  of  an 

amended  act  entitled  an  act  to  provide  for  the  trial  of  persons  charged  with 

offences  committed  in  counties  in  the  possession  of  the  enemy,  or 
threatened  with  immediate  invasion,  passed  March  twenty-seventh, 
eighteen  hundred  and  sixty-two,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 
Whei  •  to  be  "§  4.   When  any  such  action  shall  be  taken  as  is  provided  for  in 

confined  either  of  the  foregoing  sections,  the  person  charged  with  the  offence 

shall  be  hereafter  confined  in  the  jail  of  the  county  to  which  the  case 
Proviso  as  to  shall  be  removed:  provided,  however,  that  in  addition  to  the  right  to 
bau  bail,  which  such  person  may  have  under  existing  laws,  he  shall,  be- 

fore an  examining  court,  whenever  a  continuance  has  been  granted 
to  the  commonwealth  for  three  successive  terms,  or  whenever  it  shah 
appear  that  without  default  of  the  prisoner  no  examination  has  been 


JAILORS'    FEES. — FENCE   LAW.  13 

tiad  for  the  period  within  which  three  successive  terms  of  said  court, 
or  the  court  of  the  county  from  which  he  was  removed,  are  pre- 
scribed to  be  held,  be  entitled  to  baih  unless  it  shall  appear  that  a 
felony  has  been  committed,  and  strong  suspicion  of  guilt  falls  on 
him:  and  whenever  before  sueh  coiyrt  a  continuance  has  been  granted 
to  the  commonwealth  for  four  successive  terms,  or  without  default  of 
the  prisoner,  no  examination  has  been  had  for  the  period  within 
which  four  successive  terms  of  said  court,  or  the  court  of  the  county 
from  which  he  was  removed,  are  prescribed  by  law  to  be  held,  he 
shall  be  entitled  to  bail  as  a  matter  of  right;  and  any  judge  of  a  When  bail 
circuit  court  may  in  vacation  admit  such  person  to  bail,  upon  the  ^r„™ted  as  of 
grounds  for  which  an  examining  court  is  herein  before  authorized  to  power  of  circuit 
admit  him  to  bail :  and  provided  further,  that  he  shall,  at  a  circuit  J^d^ 
-court,  if  not  indicted  at  or  before  the  second  term  of  the  court  at    rovis0 
which  he  is  held  to  answer,  in  addition  to  his  right  to  bail  under 
existing  laws,  be  entitled  to  bail,  unless  it  shall  appear  that  a  felony 
has  been  committed,  and  strong  suspicion  of  guilt  falls  on  him :  and 
if  not  indicted  at  the  third  term  cf  said  eourt,  he  shall  be  admitted 
to  bail  as  a  matter  of  right." 

2.   This  act  shall  be  in  force  from  its  passage*  Commoncoment 


•Chap.  27. — Aa  ACT  to  increase  Jailors'  Fees  for  keeping  and  supporting- 
Prisoners. 
Passed  October  2,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1863 
an  act  passed  seventeenth  March  eighteen  hundred  and  sixty-three,  am«nded 
entitled  an  act  to  amend  and  re-enact  the  first  section  of  an  act 
entitled  an  act  to  increase  jailors'  fees  for  keeping  and  supporting 
prisoners,  passed  September  twenty-fourth,   eighteen  hundred  and 
sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

"§  1.  Jailors  shall  hereafter  be  allowed  one  dollar  per  day  for  Fees  of  jailors 
keeping  and  supporting  persons  confined  in  the  jails  of  this  common- 
wealth, and  a  fair  proportion  of  said  sum  for  any  time  less  than 
twenty-four  hours ;  and  in  all  cases  the  allowance  shall  be  made  on 
an  account  stating  the  time  for  which  the  person  or  persons  remained 
in  jail:  provided,  that  the  county  and  corporation  courts  of  the  com- 
monwealth may  establish,  in  their  discretion,  a  different  rate,  not  less 
than  thirty- five  cents  nor  more  than  two  dollars  and  fifty  cents  per 
diem."  * 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap,  28. — An  ACT  to  amend  the  act  passed  February  13th,  1863,  entitled 
an  act  amending  and  re-enacting  the  Jst  and  2d  sections  of  an  act  entitled 
an  act  to  repeal  the  Fence  Law  of  Virginia  as  to  certain  Counties,  and  to 
authorize  the  County  Courts  to  dispense  with  enclosures  in  other  Coun- 
ties, passed  October  3d,  1862,  and  to  legalise  the  action  of  County  Courts 
held  under  said  law. 

Passed  October  9, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section  section  2  of  Act 
■of  the  act  passed  October  the  third,  eighteen  hundred  and  sixty-two,  of  1663  amended^ 
as  amended  by  an  act  passed  February  the  thirteenth,  eighteen  hun- 
dred and  sixty-three,  entitled  an  act  amending  and  re-enacting  the 
first  and  second  sections  of  an  act  entitled  an  act  to  repeal  the  fence 
law  of  Virginia  as  to  certain  counties,  and  to  authorize  the  county 
courts  to  dispense  with  enclosures  in  other  counties,  passed  October 
the  third,  eighteen  hundred  and  sixty-two,  and  to  legalize  the  action 
of  county  courts  held  under  said  law,  be  amended  and  re-enacted  so 
as  to  read  as  follows : 


20 


DESERTERS. GENERAL   AGENTS   AND    STOREKEEPERS. 


"  §  2.  Be  it  further  enacted,  that  the  county  courts  of  the  counties? 
of  Augusta,  Frederick,  Clarke,  Warren,  Culpeper,  Rappahannock, 
Norfolk,  Princess  Anne,  Mercer,  Shenandoah,  Page,  Prince  William, 
Spotsylvania,  Hampshire,  Berkeley,  Caroline,  Rockingham,  Rich- 
mond, Westmoreland,  Loudoun,  Jefferson,  Orange,  Essex,  King  & 
Queen,  Goochland,  Giles,  Bland,  Fairfax,  Greenbrier,  New  Kent, 
Charles  City,  James  City,  Prince  George,   Nansemond,  Highland, 

Power  of  courts  Hardy  and  King  William  shall  have  power,  all  the  justices  having 
been  summoned,  and  a  majority  thereof  being  present,  to  dispense 
with  the  existing  laws  in  regard  to  enclosures,  so  far  as  their  respec- 
tive counties  may  be  concerned,  or  such  parts  thereof,  to  be  described 
by  metes  and  bounds,  as  in  their  discretion  they  may  deem  it  expe- 
dient to  exempt  from  the  operation  of  such  law." 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  29. — An  ACT  to  authorize  the  Arrest  of  Deserters  by  the  Civil 

Authorities. 

Passed  October  27,  1863. 

Deserters,  how  1.  Be  it  enacted  by  the  general  assembly,  that  all  conservators  of 
to  be  arrested  .  fQe  peace  in  this  commonwealth  are  hereby  authorized  and  required 
to  arrest  deserters  from  the  army  and  navy  of  the  Confederate  States, 
whenever  and  wherever  they  may  be  found;  and  they  shall  promptly 
notify  the  nearest  confederate  officer,  or  the  adjutant  general,  or  the 
secretary  of  war,  of  such  arrest,  and  shall  commit  the  said  deserter 
to  the  jail  of  the  county,  city  or  town  in  which  he  is  arrested,  until 
he  can  be  delivered  to  the  confederate  authorities. 

2.  The  said  conservators  of  the  peace,  in  making  such  arrest,  may 
summon  so  many  of  the  people  of  their  county  or  corporation,  or  re- 
quire the  nearest  commissioned  officer  of  state  fortes  to  call  out  such 
portion  of  his  command  as  may  be  sufficient  to  aid  him,  and  may 
proceed  in  the  manner  prescribed  in  the  twenty-fourth  section  of  the 
forty-ninth  chapter  of  the  Code. 

3.  Any  conservator  of  the  peace  neglecting  or  refusing  to  perform 
the  duties  iuiposed  by  this  act  shall  be  fined,  at  the  discretion  of  the 
jury,  not  less  than  thirty  nor  exceeding  five  hundred  dollars  for  each 
offence. 

Commencement      4.   This  act  shall  be  in  force  from  its  passage. 


Arrest  notified 


Deserter  com 
mitted  to  jail 


Posse  comi- 
tatus,  when 
summoned 


Penalties 


General  agents 
and  storekeep- 
ers, how  ap- 
pointed 


County  court 
may  borrow 
money 


Court  to  pre- 
scribe articles 
be  purchased 


Chap.  30. — An  ACT  to  provide  for  the  Appointment  of  General  Agents  and 

Storekeepers  for  Counties  and  Corporations. 

Passed  October  27, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 
for  the  court  of  any  county  or  corporation,  all  of  the  acting  justices 
thereof  having  been  duly  summoned,  and  a  majority  of  them  being 
present  and  assenting  to  the  provisions  of  this  act,  to  appoint  a 
general  agent  and  storekeeper,  and  such  sub-agents  as  may  be 
deemed  necessary,  with  the  duties  herein  after  assigned;  which 
agents  shall  be  chosen  from  persons  who  are  exempt  from  military 
duty. 

2.  The  court  of  any  such  county  or  corporation  may,  upon  the 
credit  thereof,  at  any  regular  term,  all  the  justices  thereof  having 
been  duly  summoned,  and  a  majority  of  them  being  present,  borrow, 
for  the  purpose  of  carrying  into  effect  the  objects  of  this  act,  an 
amount  of  money,  not  exceeding  at  any  one  time  ten  thousand  dol- 
lars for  every  one  thousand  of  white  population,  and  at  a  rate  of  in- 
terest not  exceeding  six  per  centum;   and   said  court   shall  have 

t0  authority  to  prescribe  the  articles  to  be  purchased,  and  to  fix  the 
compensation  of  the  agent,  and  to  adopt  rules  and  regulations  for  the 


INDIGENT    SOLDIERS   AND   SAILOES.  21 

sale  and  distribution  of  such  articles  to  the  citizens  in  such  quantities 

and  in  such  manner  as  shall  best  conduce  to  the  relief  of  the  distress 

and  wants  of  the  community :  provided,  that  no  article  shall  be  sold  To  whom  arti- 

to  any  person  who  may  buy  to  sell  again;  and  if  such  sale  be  made,  J^1101 10  be 

the  said  agent  and  purchaser  shall  aach  be  liable  to  a  penalty  of  three  Penalty 

times  the  value  of  the  article  sold ;  to  be  recovered  by  information 

or  indictment,  and  the  amount  thereof  paid  into  the  county  treasury. 

3.  The  court  of  any  such  county  or  corporation,  at  any  regular  Books  of  agent, 
term  thereof,  may  inspect  the  books  and  papers  of  such  agent  and  how  inspected 
storekeeper,  and  cause  his  accounts  to  be  settled  in  such  manner  as 

the  court  may  direct. 

4.  It  shall  be  the  duty  of  such  general  agent  and  storekeeper,  To  whom  arti- 
under  regulations  prescribed  by  the  court,  to  purchase  and  sell  to  cles  t0  be  soId 
the  residents  af  such  county  or  corporation,  or  otherwise  dispose  of 

articles  of  prime  necessity ;  the  sale  to  be  at  prices  equal,  as  near  as  Price  therefor 
may  be,  to  the  aggregate  amount  of  the  prime  cost,  the  cost  of  trans- 
portation, necessary  expenses  of  sale  of  each  article,  the  compensa- 
tion for  such  agent,  and  the  interest  on  the  money  borrowed,  and  the 
taxes  that  may  be  imposed. 

5.  Every  such  agent  and  storekeeper,  before  entering  upon  the  Oath  and  bond 
discharge  of  his  duties,  shall  take  an  oath  before  the  clerk  of  such  of  agent 
court  for  the  faithful  performance  thereof,  and  enter  into  a  bond  in  a 

penalty  adequate,  and  with  security  sufficient,  to  be  judged  of  by 
the  court,  with  candition  for  the  faithful  performance  of  his  duties  as 
such  agent  and  storekeeper ;  and  such  bond  may  be  put  in  suit  from 
time  to  time,  at  the  relation  and  for  the'  benefit  of  such  county  or 
corporation,  or  any  person  injured  by  a  breach  of  the  condition 
thereof. 

6.  All  of  the  rail  roads  throughout  this  state  shall  provide  trans-  Transportation 
portation  for  all  goods  purchased  by  such  agents,  in  preference  to  all 

other  articles,  except  army  supplies. 

7.  That  in  counties  where,  in  consequence  of  the  presence  of,  or  As  to  counties 
a  threatened  invasion  by  the  public  enemy,  the  provisions  of  sectious  "^gmwer  of 
one  and  two  of  this  act  cannot  be  carried  into  effect,  it  may  be  law- 
ful for  five  or  more  of  the  acting  justices  thereof,  a  majority  agreeing, 

to  convene  in  said  county  at  a  place  of  safety  from  the  enemy,  who 
shall  be  clothed  with  all  the  powers  t«  act  in  the  premises,  that  ara 
given  to  a  majority  of  the  justices  of  a  county,  under  the  first  and 
second  sections  of  this  act. 

8.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  31. — An  ACT  for  the  Eelief  of  the  Indigent  Soldiers  and  Sailors  of  the 
State  of  Virginia  who  have  been  .or  may  be  disabled  in  the  Military  Ser- 
vice, and  the  Widows  and  Minor  Children  of  Soldiers  and  Sailors  who 
have  died  or  may  hereafter  die  in  said  Service,  and  of  the  Indigent  Fami- 
lies of  those  now  in. the  Service. 

Passed  October  31,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the  duty  Lists  of  whom 
of  the  county  and  corporation  courts  of  this  commonwealth  to  order  t0  be  mHde 
the  sheriffs  and  sergeants  of  such  counties  and  corporations  to  make 
a  list  of  all  indigent  soldiers  and  sailors  enlisted  from  their  respective 
counties  or  corporations  in  the  confederate  service  or  state  service, 
who  have  been  or  may  be  disabled  or  honorably  discharged,  and  of 
theft  families,  and  of  the  families  of  those  who  may  be  now  in  the 
service,  and  of  the  widows  and  minor  children  of  such  as  may  have 
died  or  may  hereafter  die  in  the  service  ;  and  said  list  shall  be  re-  List,  how  re- 
turned and  deposited  in  the  clerk's  office  of  such  counties  and  corpo-  turned 
rations,  at  the  next  regular  term  thereafter.     And  it  shall  be  the 
duty  of  the  magistrates  in  each  magisterial  district  to  report  a  list  of 
said  persons  and  families  in  their  respective  districts  to  the  said  term 


22 


INDIGENT    SOLDIERS   AND    SAILOES. 


How  examined 
and  added  to 


Allowance,  how 
made 


How  charged 


In  case  of  re- 
fugees 


Accounts,  how 
certified 


When  paid  out 
of  the  treasury- 
Agents  and  their 
duties 


When  impress- 
ments may  be 
made 


Who  shall  be 
deemed  a  specu- 
lator 


How  collision 
prevented  be- 
tween county 
and  impressing 
agents  of  confe- 
derate govern- 
ment 

Estimates,  how 
made 


When  agent  may 
sell  to  others 


of  the  county  courts ;  and  said  courts  shall  then,  and  from  time  to 
time  thereafter,  at  any  regular  term  thereof,  examine  said  list,  and 
add  to  it  or  strike  from  it  such  names  as  it  shall  deem  just  and 
proper. 

2.  It  shall  be  the  duty  of  said  courts  to  make  an  allowance,  in 
money  or  supplies,  to  the  persons  and  families  mentioned  in  the  first 
section  of  this  act,  of  sucli  liberal  amount  and  in  such  proportion  as 
they  may  think  just  and  sufficient  for  their  maintenance ;  and  said 
allowance  shall  be  charged  on  the  county,  city  or  town ;  and  provi- 
sion shall  be  made  for  its  payment,  in  the  manner  prescribed  by  law 
for  sums  legally  chargeable  on  counties,  cities  and  towns. 

3.  Whenever  any  county  court  shall  be  satisfied  that  any  such 
soldiers  and  sailors  were,  at  the  date  of  their  enlistment,  residents  of 
any  county  of  the  commonwealth,  and  whose  families  may  have  been, 
or  may-hereafter  be  driven  from  their  homes,  by  fear  of  the  public 
enemy,  and  are  residing  in  such  county,  it  shall  be  the  duty  of  such 
court  to  enroll  such  soldiers  and  sailors  and  their  families,  according 
to  the  provisions  of  the  first  section  of  this  act,  and  to  make  the  same 
provision  for  their  support  as  for  those  soldiers  and  sailors  and  their 
families  described  in  said  section.  The  said  county  court  shall  state 
and  certify  their  account  for  the  support  of  such  refugee  soldiers  and 
sailors  and  their  families,  and  forward  the  same  to  the  auditor  of 
public  accounts  ;  and  it  shall  be  the  duty  of  the  auditor  to  pay  said 
accounts  by  warrants  upon  the  treasurer  of  the  commonwealth. 

4.  The  said  courts  may,  at  any  regular  term  thereof,  appoint  an 
agent  or  agents,  whose  duty  it  shall  be  to  purchase,  upon  the  order 
of  said  courts,  a  supply  of  such  articles  deemed  necessary  for  the  sup- 
port of  the  persons  and  families  mentioned  in  the  first  and  third  sec- 
tions of  this  act,  at  rates  to  be  agreed  upon  by  the  vendor  and  the 
agent,  under  instruction  of  said  courts ;  or .  if  the  said  courts  shall 
deem  it  prudent  and  necessary,  may  authorize  its  agent  or  agents  to 
impress,  upon  its  order,  a  stated  quantity  of  necessaries  for  the  per- 
sons and  families  mentioned  in  the  said  first  and  third  sections  of  this 
act,  at  prices  not  exceeding  those  prescribed  by  the  commissioners  ap- 
pointed for  the  state  of  Virginia,  under  the  act  of  the  congress  of  the 
Confederate  States  regulating  impressments,  preferring  in  said  im- 
pressment articles  in  the  hands  of  persons  who  may  have  purchased  the 
same  for  purposes  of  speculation :  and  said  courts  shall  have  the  autho- 
rity to  prescribe  the  articles  to  be  purchased,  and  to  fix  the  compensa- 
tion of  the  agent  or  agents,  and  to  adopt  rules  and  regulations  for  the 
proper  care  of  such. articles  so  purchased  or  impressed,  and  for  the 
distribution  of  the  same  in  such  quantities  and  in  such  manner  as 
shall  best  conduce  to  the  relief  of  the  distress  and  wants  of  the  per- 
sons and  families  mentioned  in  the  said  first  and  third  sections.  Any 
person  shall  be  held  and  deemed  a  speculator  within  the  meaning  of 
this  act,  who  shall  purchase  any  of  the  necessaries  of  life  for  profit 
by  resale,  or  who  shall  purchase  or  hold  the  same  when  not  needed 
for  the  consumption  of  his  or  her  family  during  the  then  ensuing 
twelve  months.  Where  the  confederate  government  has  an  impress- 
ing agent  in  any  county,  it  shall  be  the  duty  of  the  county  court,  iu 
order  to  prevent  collision,  at  once  to  cause  an  estimate  to  be  made 
of  the  amount  of  supplies  so  needed  by  the  persons  mentioned  in  the 
first  and  third  sections,  and  also  of  the  amount  needed  for  such  other 
residents  of  such  county  as  may  not  have,  supplies  adequate  to  their 
necessities,  who  shall  make  affidavit  as  to  such  deficiency.  It  shall 
be  the  duty  of  the  said  county  agent  to  report  the  aggregate  amount 
of  said  estimates  to  the  impressing  officer  of  the  Confederate  States 
for  said  county,  and  endeavor  so  to  arrange  with  the  said  agent  as 
that  a  sufficiency  for  the  said  purpose,  of  the  surplus  products  of  said 
county,  may  be  turned  over  by  the  confederate  agent  to  the  said  agent 
of  the  county  court,  who  shall  proceed  to  sell  so  much  thereof  as  may 
have  been  obtained  for  that  purpose,  at  cost,  to  the  persons  not  men- 


INDIGENT    SOLDIERS  AND    SAILORS.  23 

iioned  in  the  first  and  third  sections  of  this  act,  adding  the  expenses 
of  transportation  and  proper  allowance  for  wastage :  provided,  that 
when  the  owner  of  property  impressed  is  dissatisfied  with  the  price, 
he  may  appeal  to  the  county  court,  whose  decision  shall  be  final ;  but 
the  agent  may  take  possession  of  the  property  impressed  immediately 
on  the  appeal  being  taken  :  provided,  that  so  much  of  the  act  as  de-  Exception  *.«  to 
fines  who  shall  be  held  and  deemed  a  speculator,  shall  not  be  so  con-  merchants 
straed  as  to  apply  to  a  licensed  merchant  who  only  buys  and  sells 
such  goods,  wares  and  merchandise  as  he  is  authorized  to  do  by  vir- 
tue of  his  license ;  nor  to  a  farmer  who  only  holds  such  necessaries  of     / 
life  as  are  of  his  own  production ;  hut  such  articles  deemed  necessa- 
ries of  life  owned  by  any  such  merchant  or  farmer  shall  be  liable  to 
impressment  in  like  manner  as  if  owned  by  any  person  other  than 
one  held  and  deemed  a  speculator  under  this  act :  and  provided  fur-  Exception  as  to 
ther,  that  no  impressment  shall  be  made  of  any  supplies  laid  in  and  f™^6?8^611^, 
necessary  for  the  support  of  any  family  for  a  period  not  exceeding 
twelve  mouths :  and  provided  further,  that  no  such  order  of  impress- 
ment shall  be  made  except  at  a  term  of  said  court  to  which  all  the 
justices  of  said  county  have  been  previously  summoned :  and  provi- 
ded further,  whenever  the  said  county  agent  or  agents  shall  report 
to  the  clerk  of  said  court  his  or  their  inability  to  procure  by  pur- 
chase  at  rates  not  exceeding  those  prescribed  by  the  schedule  of 
prices  fixed  by  the  commissioners  for  the  state  of  Virginia,  under  the 
„  act  of  the  confederate  congress  regulating  impressments,  the  supplies 
necessary  for  the  support  of  the  persons  and  families  aforesaid,  the 
■clerk  of  such  court  shall  issue  a  summons  to  convene  the  justices  of  When  justices 
said  county  at  the  next  regular  term  of  such  court.  t0  be  conv«Iied 

5.  Every  such  agent,  before  entering  upon  the  discharge  of  his  Oath  and  bond 
•duties,  shall  take  an  oath  before  the  clerk  of  said  court  for  the  faith-  of  agents 

ful  performance  thereof,  and  enter  into  a  bond,  in  a  penalty  adequate 
and  with  security  sufficient,  to  be  judged  of  by  the  court,  with  con- 
ditions for  the  faithful  performance  of  his  duties  as  such  agent ;  and 
such  bond  may  be  put  in  suit  from  time  to  time,,  at  the  relation  and 
for  the  benefit  of  such  county  and  corporation,  or  of  any  person  in- 
jured by  a  breach  of  the  conditions  thereof. 

6.  Be  it  further  enacted,  that  if  said  county  or  corporation  courts  Penalties  for 
or  said  sheriffs  or  sergeants  shall  willfully  neglect  or  refuse  to  per-  fai'ure  {0.  carry 
form  tne  duties  herein  before  imposed,  the  magistrates  composing  act 

said  court,  and  said  sheriffs  or  sergeants  who  so  neglect  or  refuse  to; 
perform  their  said  duty,  shall  be  fined  severally  the  sum  of  one  hun- 
dred dollars  for  each  term  of  said  courts  at  which  they  may  be  so  in 
default;  to  be  recovered  by  presentment,  indictment  or  information 
in  the  circuit  court  of  said  counties  or  corporations:  and  such  sums  How  disposed  ci 
so  recovered  shall  be  set  apart  as  a  portion  of  the  fund  to  be  raised 
by  such  counties  and  corporations  for  the  support  of  the  persons  and 
families  mentioned  in  the  first  and  third  sections  of  this  act. 

7.  Be  it  further  enacted,  that  for  the  purpose  of  carrying  the  pro-  How  provision! 
visions  of  this  act  into  effect  in  counties  partly  held  or  threatened  by  of  act  execu,*d 
the  public  enemy,  and  when  the  court  thereof  cannot  b£  held  at  the 
courthouse  of  such  county,  it  shall  be  lawful  for  any  five  or  more  of 

the  acting  justices  thereof  to  assemble  at  some  place  in  said  county 
other  than  the  courthojise  thereof,  who,  so  assembled,  shall  be  re- 
garded in  all  respects  as  the  county  court  of  said  county  for  the  pur- 
pose of  carrying  into  effect  the  provisions  of  this  act. 

8.  This  act  shall  be  given  in  charge  to  the  grand  juries  of  the  eir-  Act  to  be  given 
cuit  courts  of  said  counties  and  corporations,  and  shall  be  in  force  ln  chai'Se  to 
from  its  passage,  and  shall  continue  in  force  until  six  months  after  Commeneeiaeai 
the  ratification  of  a  treaty  of  peace  between  the  Confederate  States 

and  the  United  States. 


9 A 


PAY   DEPARTMENT. — TRANSPORTATION    OF   FUEL. 


Ordinance  re 
pealed 


Chap.  32. — An  ACT  to  repeal  so  much  of  the  Ordinance  of  the  Convention 

of  April  24th,  18t>J,as  provides  for  a  Pay  Department  of  Virginia  Forces. 

Passed  October  3],  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  so  much  of  the 
ordinance  of  the  convention  of  April  twenty-fourth,  eighteen  hun- 
dred and  sixty-one,  as  provides  for  a  pay  department  to  the  forces  of 
Virginia,  be  and  the  same  is  hereby  repealed. 
Unfinished  busi-  2.  That  from  and  after  the  first  day  of  January  eighteen  hundred 
actodh°W  traDS"  an(*  pisty-four>  the.  unfinished  business  of  said  department  shall  be 
turned  over  to  the  auditing  board,  together  with  all  papers,  docu- 
ments and  vouchers  pertaining  thereto;  and  thereafter  all  the  duties 
of  the  pay  department  shall  be  performed  by  the  said  auditing  board, 
in  conformity  with  the  practice  and  rules  of  the  confederate  service; 
and  the  commissions  of  all  officers  in  the  pay  department,  other  than 
the  paymaster  general,  are  hereby  canceled  from  the  first  day  of 
January  eighteen  hundred  and  sixty-four. 

3.    This  act  shall  take  effect  and  be  in  force  from  and  after  Its 
passage. 


Commencement 


Tu: 
be  ( 


when  to 
insported 


1  ^Chap.  3". — An -ACT  requiring  certain  Bail  Road  Companies  to  provide  for 
the  Transportation  of  Fuel  in  certain  cases. 
Passed  October  31,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  every 
rail  road  company  subject  to  the  provisions  of  the  sixty-first  chapter 
of  the  Code  (edition  of  eighteen  hundred  and  sixty),  shall  conform 
to  the  following  regulations: 

2.  Whenever  any  person  shall  give  no'tice  in  writing  to  the  super- 
intendent of  any  such  rail  road,  that  he  has  delivered  at  any  depot 
or  switch. upon  the  said  road  not  less  than  eight  cords  of  wood  or 
eight  tons  of  coal,  consigned  to  some  city,  town,  village  or  chartered 
institution  of  learning  upon  the  line  of  said  road,  and  that  he  is  pre- 
pared to  load  the  same  upon  the  cars  within  six  hours  after  such  cars- 
shall  be  ready  to  receive  it,  it  shall  be  the  duty  of  said  superinten- 
dent to  provide  forthwith  sufficient  transportation  for  the  same*. 

3.  The  said  rail  road  companies  shall  be  entitled  to  receive,  for 
the  transportation  of  such  fuel,  an  addition  of  twenty-five  per  centum 
upon  the  rates  of  freight  per  ton  per  mile  allowed  them  by  law,  and 
shall  be  entitled  moreover  to  demand  from  any  shipper  referred  to  in 
the  second  section  of  this  act,  the  delivery  at  the  place  of  shipment, 
and  at  the  value  thereof  at  such  place,  of  one-fourth  part  of  all  such 
fuel,  to  be  applied  to  the  use  of  such  road.  In  case  of  any  disa- 
greement, between  such  company  and  the  shipper  of  such  fuel  as  to 
the  price  thereof,  such  company  shall  be  entitled  to  employ  the  pro- 
visions of  the  fifty-sixth  chapter  of  the  Code  (edition  of  eighteen 
hundred  and  sixty)  in  fixing  the  valuation  thereof. 

4.  If  any  such  company  shall  fail  to  perform  the  duties  imposed 
thereon  by  this  act,  it  shall  be  subject  to  a  fine  of  five  hundred  dol- 
lars in  every  case;  to  be  recovered  in  any  court  having  jurisdiction, 
by  presentment,  information  or  indictment.  One-half  of  such  fine 
shall  be  paid  to  the  informer  or  prosecutor,  and  the  balance  to  the 
commonwealth,  according  to  the  provisions  of  the  forty-third  chapter 
of  the  Code  (edition  of  eighteen  hundred  and  sixty) :  provided,  that 
the  board  of  public  works,  in  order  to  secure  the  transportation 
of  salt,  and  of  fuel  for  the  salt  furnaces,  may,  in  their  discretion, 
exempt,  for  such  period  of  time  as  said  board  may  order,  the  Vir- 
ginia and  Tennessee  rail  road  from  the  provisions  of  this  act. 

Commencement       5.    This  act  shall  be  in  force  from  its  passage. 


Compensation 
for  rail  road 
companies 


fi]?.  fixed 


Proviso  as  to 
Virginia  and 
Tennessee  rail 


CONVICTS. — DISTILLATION. — LUNATIC   ASYLUMS.  25 

Chap.  34. — An  ACT  to  authorize  the  Governor  to  hire  Free  Negro  and  other 

Convicts  to  work  in  Coal-pits. 

Passed  October  31,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  When  goveiraton 
for  the  governor  of  this  commonwealth  to  hire  the  free'  negro  and  neg^o  an/Tiavj 
slave  convicts  at  any  time  in  the  penitentiary,  to  the  owners  of  coal-  convicts 

pits,  to  work  in  said  pits  in  any  county  of  this  state,  and  the  money 
arising  therefrom  to  pay  into  the  public  treasury  to  the  credit  of  the 
penitentiary. 

2.  Be  it  further  enacted,  that  the  governor  shall  also  be  authorized  when  white 
to  hire,  to  work  in  said  coal-pits,  as  many  aole-bodied  white  male  convlctH 
convicts  in  said  penitentiary  as  can  be  spared  from  the  workshops 
therein,  not  exceeding  one  hundred  and  fifty :  the  proceeds  of  such 

hire  to  be  paid  into  the  public  treasury  to  the  credit  of  the  peniten- 
tiary, monthly  or  quarterly,  as  to  the  governor  may  seem  proper. 

3.  Be  it  further  enacted,  that  it  shall  be  the  duty  of  the  governor,  Governor  to 

in  making  contracts  with  the  owners  of  coal-pits,  to  provide  for  the  stipulate  for  safe 

<.,?  n  ,  ..  p  •         ^  •      n         -i       keeping  ana  re- 

sale-keeping and  return  to  the  penitentiary  ot  convicts  hired  under  turn  of  convicts 

the  provisions  of  this'  act. 

4.  This  act  shall  commence  and  be  in  force. from  its  passage.         Commencement 


Chap.  35. — An  ACT  to  amend  and  re-enact  the  act  passed  March  13  th,  1863, 
in  relation  to  the  unnecessary  Consumption  of  Grain  by  Distillers  and 
other  Manufacturers  of  Spirituous  and  Malt  Liquors. 
Passed  October  31,  1863. 

Be  it  enacted  by  the  general  assembly,  that  the  act  passed  March  Act  of  1863 
eleventh,  eighteen  hundred  and  sixty-three,  entitled  an  act  to  amend  ameuded 
and  ra-enact  an  act  entitled  an  act  to  amend  and  re-enact  an  act 
entitled  an  act  to  prevent  the  unnecessary  consumption  of  grain  by 
distillers  and  other  manufacturers  of  spirituous  and  malt  liquors, 
passed  October  second,  eighteen  hundred  and  sixty-two,  be  and  the 
same  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows : 

1.  It  shall  not  be  lawful  for  any  person  hereafter  to  make  or  cause  Distillation  pro 
to  be  made  any  whiskey,  or  other  spirituous  or  malt  liquors,  out  of Mblted 

any  corn,  wheat,  rye  or  other  grain,  or  out  of  dried  fruit,  potatoes, 
sugar,  molasses,  sugar  cane,  molasses  ■  cane  or  sorghum ;  and  any  Penalties 
person  so  offending  shall  be  deemed  guilty  of  a  misdemeandr,  and 
upon  conviction  thereof,  shall  be  fined  lor  every  offence  not  less  than 
one  hundred  dollars  nor  more  than  five  thousand  dollars,  and  be  sub- 
ject to  imprisonment  in  the  county  jail  not  exceeding  twelve  months, 
at  the  discretion  of  the  court. 

2.  No  person,  firm*or  company  shall  hereafter  execute,  in  whole  No  contracts  to. 
or  in  part,  any  contract,  heretofore  or  hereafter  made  with  the  con-  be  execute,:1 
federate  government,  or  with  any  agent   of  said  government,  for 

making  or  causing  to  be  made  any  whiskey  or  other  ardent  spirits 
within  this  state ;  and  all  such  contractors  who  shall  violate  this  sec- 
tion, shall  be  deemed  subject  to  all  the  penalties  imposed  by  this  and 
other  acts  against  unlawful  distillation. 

3.  The  keeper  of  the  rolls  shall  cause  this  act  to  be  published  in  Act  to  be  pub- 
at  least  two  newspapers  in  the  city  of  Bichmond  for  two  weeks.         iished 

4.  This  act  shall  be  in  force  from  its  passage.  Commencemeafc 


Chap.  36. — An  ACT  to  provide  for  the  Payment  of  certain  Claims  against 

the  Eastern  Lunatic  Asylum. 

Passed  October  23,  1863. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  any  when  demands 
person  having  any  pecuniary  demand  against   the  Eastern  lunatic  may  be  paid 
asylum  of  this  state,  contracted  prior  to  the  first  day  of  January 


26 


GOVERNOR  S   HOUSE. — PUBLIC   PRINTER. 


eighteen  hundred  and  sixty-three,  may  present  the  same  to  the 
auditor  of  public  accounts  for  payment  thereof;  and  thereupon  the 
said  auditor,  upon  the  certificate  of  the  steward  of  said  asylum,  and 
upon  other  satisfactory  evidence  that  any  such  demand  is  correct  and 
wten  auditor  to  ought  to  be  paid,  is  hereby  authorized  and  required  to  draw  his  war- 
rant upon  the  treasury,  payable  out  of  any  funds  therein  not  other- 
wise appropriated,  in  favor  of  the  person  to  whom  such  claim  may 
appear  to  be  justly  due,  and  for  the  amount  thereof. 
2.   This  act  shall  be  in  force  from  its  passage- 


issue  warrant 


Commencement 


Chap.  37. — An  ACT  to  supply  Deficiencies  in  the  Appropriation  for  the 

Support  of  the  Central  Lunatic  Asylum. 

Passed  October  19,  1863. 

Amount  appro-  i.  fje  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  authorized  to  issue  his  warrant  on 
the  treasury  for  the  sum  of  twenty-two  thousand  seven  hundred  and 
nineteen  dollars  and  thirty  cents,  payable  on  the  order  of  the  direc- 
tors of  the  Central  lunatic  asylum,  in  the  manner  provided  by  exist- 
ing laws,  to  be  applied  for  the  support  of  the  said  institution,  in 
addition  to  the  annual  appropriation  for  that  purpose,  for  the  fiscal 
year  ending  September  thirtieth,  eighteen  hundred  and  sixty-three ; 

Auditor  to  issue  and  the  said  auditor  is  further  authorized  to  issue  his  warrant  in  like 
manner  for  the  sum  of  twenty-five  thousand  dollars,  to  be  credited 
as  a  part  of  the  entire  sum  which  may  be  hereafter  appropriated  for 
the  support  of  said  asylum  during  the  fiscal  year  ending  September 
thirtieth,  eighteen  hundred  and  sixty-four. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Governor  reim 
feureed  for 
lights,  &c 


Crap.  38. — An  ACT  to  provide  Fuel  and  Lights  for  the  Governor's  House. 
Passed  October  27, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  be 
authorized  to  issue  his  order  on  the  auditor  of  public  accounts, 
directing  him  to  issue  his  warrant  on  the  treasury,  payable  out  of  the 
civil  contingent  fund,  for  such  sum  as  may  reimburse  him  the  amount 
actually  expended  for  fuel  and  lights  for  the  governor's  house  from 
the  first  day  of  October  eighteen  hundred  and  sixty-two  to  the  pas- 
sage of  this  act. 
Lights,  &c  to  be  2.  Be  it  further  enacted,  that  the  governor  be  authorized  to  issue, 
!^r."o8^ufover'  from  time  to  time,  his  orders  on  the  auditor  of  public   accounts, 

iaer  s  nouse  -,..,.  .,.  t  •  ii  J. 

directing  him  to  issue  his  warrants  on  the  treasury,  payable  out  of 
the  civil  contingent  fund,  in  favor  of  the  persons  entitled  thereto,  for 
such  sums  as  may  be  hereafter  necessary  to  procure  fuel  and  lights 
for  the  governor's  house. 

3.  This  act  shall  be  in  force  from  its  passage  until  six  months 
after  the  ratification  of  a  treaty  of  peace  between  the  United  States 
and  the  Confederate  States. 


Commencement 


Amount  appro- 
priated 


J  teres 


Chap.  39.— An  ACT  for  the  Relief  of  William  F.  Ritchie,  Public  Printer. 
Passed  October  23, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  authorized  to  issue  his  warrant  on 
the  treasury,  payable  out  of  any  money  therein  not  otherwise  appro- 
priated, in  favor  of  William  F.  Ritchie,  public  printer,  or  his  legal 
representative,  for  the  sum  of  ten  thousand  eight  hundred  and 
seventy-nine  dollars  and  sixty  cents:  four  thousand  three  hundred 
and  fifty-two  dollars  and  eighty-three  cents  of  said  sum  being  the 


FUNERAL   OF   DELEGATE.  27 

amount  of  actual  loss  on  the  public  printing  for  the  house  of  dele- 
gates since  January  eighteen  hundred  and  sixty-two ;  two  thousand 
two  hundred  and  nineteen  dollars  and  fifty  cents  of  said  sum  being 
the  actual  loss  for  printing  five  hundred  volumes  of  fifth  Leigh's  Re- 
ports;  and  four  thousand  three  hundred  and  seven  dollars  and 
twenty-seven  cents  of  said  sum  being  twenty  per  centum  profit  on  the 
actual  cost  of  said  printing. 
2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  40. — An  act  to  authorize  the  Auditor  to  pay  the  Funeral  Expenses 

of  Israel  Robinson,  late  Delegate  from  Berkeley  County. 

Passed  October  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub-  Amount  appro- 
lie  accounts  is  hereby  directed  to  draw  his  warrant  upon  the  treasury,  Priated 
payable  out  of  any  money  therein  not  otherwise  appropriated,  in  fa- 
vor of  John  A.  Belvin,  for  four  hundred  and  eighty-one  dollars,  being 

the  amount  of  the  funeral  expenses  of  Israel  Robinson,  late  delegate 
from  the  county  of  Berkeley. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


PEIVATE  OR  LOCAL  ACTS. 


Chap.  41 . — An  ACT  to  incorporate  the  Confederate  Savings  and  Insurance 

Company  of  Petersburg. 

Passed  October  7, 1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Company  incor- 
persons  who  shall,  as  hereafter  mentioned,  become  subscribers  to  the  Porated 
capital  stock  hereby  created,  are  hereby  created  and  declared  to  be 

a  body  politic  and  corporate,  by  the  name  and  style  ol  The  Confede- 
rate Savings  and  Insurance  Company  of  Petersburg ;  and  by  that 
name  shall  have  perpetual  succession,  and  be  able  to  sue  and  be 
sued,  plead  and  be  impleaded  in  all  courts  in  this  state  and  else- 
where ;  and  have-  a  common  seal,  and  the  same  to  alter  and  renew 
at  their  pleasure ;  to  make  and  ordain  such  ordinances  and  regula- 
tions, and  generally  to  do  every  act  and  thing  necessary  to  carry 
into  effect  this  act,  or  to  promote  the  object  and  designs  of  this 
corporation. 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  two  Capital 
hundred  and  fifty  thousand  dollars,  to  be  divided  into  twenty-five 
hundred  shares  of  one  hundred  dollars  each,  with  power  to  increase 

the  same  to  five  hundred  thousand  dollars  whenever  a  majority  of 
stockholders  in  interest  shall,  in  general  meeting  assembled,  deter- 
mine so  to  do. 

3.  The  capital  stock  shall  be  paid  as  follows :  twenty  dollars  on  How  paid 
each  share  at  the  time  of  subscribing  shall  be  paid  to  the  commis- 
sioners herein  after  named,  and  the  residue  thereafter,  as  may  be 
required  by  the  president  and  directors. 

4.  Robert  P.  Stainback,  John  Mcllwajne,  Z.  W.  Pickrell,  William  Commissioners 
E.  Johnson,  John  P.  Branch,  Robert  D.  Mcllwaine,  J.  M.  Venable, 

T.  T.  Broocks  and  R.  A.  Young  shall  be  commissioners,  any  three 
or  more  of  whom,  after  giving  notice  thereof  for  ten  days,  shall  open 
books  in  the  city  of  Petersburg,  to  receive  subscriptions  to  the  capital 
stock  of  said  company ;  which  books  shall  not  be  closed  in  less  than 
fifteen  days,  unless  the  capital  stock  be  sooner  subscribed.  When  it 
shall  appear  to  the  commissioners  that  fifty  thousand  dollars  of  the 
capital  has  been  subscribed  and  paid,  or  secured  to  be  paid,  they  shall 
call  a  general  meeting  of  the  stockholders  at  a  certain  time  and  place 
in  said  city,  to  organize  said  company.  From  the  time  of  such  meet- 
ing the  subscribers  or  stockholders  shall  stand  incorporated,  unless 
in  the  said  meeting  it  be  otherwise  determined.  In  this  meeting  the 
stockholders  present  (in  person  ol-  by  proxy),  representing  a  majority 
of  stock  subscribed,  shall  proceed,  under  the  inspection  of  the  com- 
missioners, to  choose  seven  directors.  The  commissioners  shall  forth- 
with, upon  the  said  election,  pay  over,  as  the  directors  may  order, 
all  moneys  by  them  received  from  the  subscribers  to  the  capital  stock 
of  said  company,  and  deliver  up  all  books  and  papers  in  their  hands 
concerning  the  same  :  provided,  that  no  person  shall  vote  in  such 
meeting,  unless  he  shall  have  paid  to  the  commissioners,  or  some  one 
of  them,  twenty  dollars  on  every  share  by  him  subscribed. 

5.  The  affairs  of  the  said  company  shall  be  managed  by  a  presi-  Affairs,  how 
dent  and  seven  directors,  being  stockholders  (a  majority  of  whom  maa8sed 
shall  constitute  a  quorum),  who  shall  continue  in  office  one  year  from 

the  time  of  their  election,  and  until  others  are  elected  in  their  stead; 
to  be  chosen  by  ballot,  by  a  majority  of  the  stockholders  present,  in 
person  or  by  proxy.     Each  stockholder  shall  be  entitled  to  as  many 


30 


INSURANCE   COMPANIES. 


Officers 


Assignment 


Insurance  on 

vessels,  &c. 


Ondwellings, 
On  lives,  &c 


Policies 


Dividends 


General  meetinj 


votes  at  any  meeting  of  the  stockholders  as  he  may  hold  shares  in 
said  company.  The  directors  to  be  elected  under  this  act  at  the  first 
meeting  of  the  company,  shall  continue  in  office  until  the  first  Thurs- 
day in  October  eighteen  hundred  and  sixty-four,  or  until  others  are 
chosen  in  their  place;  on  which  first  Thursday  in  October  eighteen 
hundred  and  sixty  four,  and  annually  thereafter,  there  shall-  be  a 
general  meeting  of  the  stockholders  for  the  election  of  officers,  and 
for  such  other  business  as  may  come  before  them.  At  the  first  meet- 
ing after  every  election  the  directors  shall  choose  from  amongst 
themselves,  or  the  stockholders  at  large,  a  president,  and  allow  him 
a  reasonable  compensation  for  his  services;  and  in  case  of  death, 
resignation  or  disqualification  of  the  president,  or  any  of  the  direc- 
tors, the  remaining  directors  may  elect  others  to  supply  their  plaqes 
for  the  remainder  of  the  term  for  which  they  were  chosen. 

6.  The  president  and  directors  may  appoint,  and  dismiss  at  their 
pleasure,  a  secretary,  and  such  other  officers  as  may  be  necessary  for 
the  transaction  of  the  business  of  the  company,  and  allow  such  com- 
pensation for  their  services  as  they  may  think  reasonable,  and  may 
require  such  secretary  or  other  officers  to  enter  into  bond  for  the 
faithful  discharge  of  their  duties. 

7.  Every  stockholder  not  in  debt  to  the  company  may  at  pleasure, 
in  person  or  by  attorney,  assign  his  stock  on  the  books  of  the  com- 
pany, or  part  thereof,  not  being  lees  than  a  whole  share;  but  no 
stockholder  indebted  to  the  company  shall  assign  or  make  a  transfer 
of  bis  stock  or  receive  a  dividend  until  such  debt  is  paid,  or  secured 
to  the  satisfaction  of  the  board  of  directors. 

8.  The  president  and  directors  are  authorized  to  make  insurance 
upon  vessels,  freights,  merchandise,  specie,  bullion,  jewels,  profits, 
commission,  bank  notes,  bills  of  exchange,  and  other  evidences  of 
debt,  bottomry  and  respondentia  interest,  and  to  make  all  and  every 
insurance  connected  with  marine  risks,  and  risks  of  transportation 
and  navigation. 

9.  To  make  insurance  on  dwellings,  houses,  stores  and  other  pro- 
perty and  merchandise,  against  loss  or  damage  by  fir^. 

10.  To  make  insurance  on  lives;  to  grant  annuities;  to  guarantee 
the  payment  of  notes,  bonds  and  bills  of  exchange ;  and  to  make  all 
kinds  of  contracts  for  the  insurance  of  every  description  of  property; 
to  receive  money  on  deposit,  and  to  pay  interest  thereon,  as  may  be 
advantageous  to  the  stockholders ;  to  provide  for  investments  of  the 
capital  stock  and  other  funds,  in  bank,  state  or  other  stocks;  in  the 
purchase  of  bonds  issued  by  this  or  any  other  state,  or  of  the  Con- 
federate States,  and  of  bonds  of  any  incorporated  company ;  to  lend 
money  upon  personal  or  real  security;  and  to  purchase  or  otherwise 
acquire,  to  have  and  to  hold,  to  convey  and  to  sell,  any  real  or  per- 
sonal estate  for  the  purpose  of  securing  any  debt  or  debts  that  may 
be  due  to  them,  and  for  their  own  use  and  convenience :  provided 
always, -that  nothing  in  this  act  shall  be  construed  to  authorize  said 
company  to  issue  aiid  put  into  circulation  any  note  of  the  nature  of 
a  bank  note,  or  to  own  more  land  than  is  necessary  for  an  office 
building. 

11.  All  policies  of  insurance  and  other  contracts  made  by  the  said 
company,  signed  by  the  president  and  countersigned  by  the  secretary, 
shall  be  obligatory  on  said  company,  and  have  the  same  effect  as  if 
said  policies  and  contracts  had  been  attested  by  a  corporate  seal. 

12.  The  president  and  directors  may  declare  semi-annual  or  other 
dividends  of  the  profits  of  the.  company,  as  they  may  deem  proper; 
but  no  dividend  shall  be  declared  when,  in  the  opinion  of  a  majority 
of  the  board,  the  capital  stock  would  be  impaired  thereby. 

13.  The  president  and  directors  may  at  any  time,  when  deemed  ne- 
cessary by  them,  call  a  general  meeting  of  the  stockholders  ;  and  any 
number  of  stockholders  owning  not  less  than  one-fourth  of  the  whole 
number  of  shares,  may  require  the  president  and  directors  to  call 


INSURANCE   COMPANIES.  31 

such  meeting;  anil  on  their  refusal  to  do  so,  may  themselves  call 
such  meeting,  giving  fifteen  days'  notice 'thereof  in  one  or  more  of 
the  newspapers  published  in  the  city  of  Petersburg. 

14.  The  president  and  directors  may  appoint  an  agent  in  any  of  Agents 
the  cities,  towns  or  counties  of  this  state  or  elsewhere,  to  receive  offer- 
ings for  insurance,  and  for  The  transaction  of  such  business  of  the 
company  as  may  be  confided  to  him. 

15.  The  corporation  hereby  created  shall  be  subject  to  the  provi-  Subject  to  Code 
sions  of  the  Code  of  Virginia,  so  far  as  the  same  are  applicable  to 

and  not  inconsistent  with  the  provisions  of  this  act ;  and  this  act  shall 
be  subject  to  alteration,  amendment  or  repeal,  at  the  pleasure  of 
the  general  assembly. 

16.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  42. — An  ACT  incorporating  the  Home  Insurance  Company  of  the 

City  of  Petersburg. 

Passed  October  22,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  John  Company  incor- 
Rowlett,  Joseph  H.  Cooper, -John  Enniss,  J.  Andrew  White,  Robert  ported 

A.  McKenney,  David  B.  Dugger,  John  Stevenson,  Carter  B.  Bishop, 
Augustine  C.  Butts,  Alexander  Donnan  and  James  Kerr,  and  their 
associates  and  successors,  who  may  hereafter  become  subscribers  or 
stockholders,  be  and  they  are  hereby  constituted  and  made  a  body 
politic  and  corporate,  under  the  name  and  style  of  The  Home  In- 
surance Company  of  Petersburg ;  and  by  that  name  shall  have  per- 
petual succession,  and  be  able  to  sue  and  be  sued,  plead  and  be  im- 
pleaded in  all  courts  in  this  state  and  elsewhere;  and  to  have  a 
common  seal,  and  the  same  to  alter  and  renew  at  their  pleasure ;  and 
to  make  and  ordain  such  ordinances  and  regulations,  and  generally 
to  do  all  such  acts  and  things  as  may  be  necessary  to  carry  into 
effect  this  act,  and  promote  the  object  and  design  of  this  corporation. 

2.  The  capital  stock  of  said  corporation  shall  not  be  less  than  one  Capita! 
hundred  thousand  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each,  with  power  to  increase  the  same  to  a  sum  not  exceeding 

five  hundred  thousand  dollars,  whenever  a  majority  of  the  stock- 
holders in  interest  shall  in  general  meeting  from  time  to  time  deter- 
mine so  to  do. 

3.  The  capital  stock  shall  be  paid  as  follows  :  ten  dollars  per  share  How  paid 
before  or  at  the  general  meeting  for  the  organization  of  the  company, 

to  the  five  associates  herein  first  named,  who  are  hereby  appointed 
commissioners  (any  three  of  whom  may  act),  and  the  residue  there- 
after, as  may  be  required  by  the  president  and  directors. 

4.  Whenever  it  shall  appear  to  the  commissioners  aforesaid  that  General  meeting 
one  hundred  thousand  dollars  of  the  capital  stock  has  been  subscribed, 

and  fifty  thousand  dollars  thereof  has  been  paid  or  secured  to  be  paid, 
the  said  commissioners  shall,  by  service  of  personal  notice  or  other- 
wise, call  a  general  meeting  of  the  subscribers  or  stockholders  at  a 
certain  time  and  place  in  said  city,  to  organize  said  corporation.  In 
such  meeting  the  subscribers  or  stockholders  shall  proceed,  under  the 
inspection  of  the  commissioners,  to  elect  a  president  and  five  or  more 
directors.  The  commissioners  shall  forthwith,  after  said  election, 
pay  over,  as  the  president  and  directors  may  order,  all  moneys  re- 
ceived by  them  from  the  subscribers  to  the  capital  stock  of  the  com- 
pany, and  deliver  up  all  books  and  papers  in  their  hands  concerning 
the  same. 

5.  The  affairs  of  the  corporation  shall  be  managed  by  the  presf-  Affairs,  how 
dent  and  five  or  more  directors,  being  stockholders   (a  majority  of  man?S'ed 
whom  shall  constitute  a  quorum),  who  shall  be  chosen  by  the  stock- 
holders in  general  "meeting,  and  continue  in  office  for  one  year,  or 

until  others  are  elected  in  their  stead ;  and  in  case  of  the  death,  re- 


32  INSURANCE   COMPANIES. 

signation  or  disqualification  of  the  president  or  any  of  the  directors, 
the  remaining  members  of  the  directory  shall  elect  others  to  fill  the 
vacancies  for  the  residue  of  the  time  for  which  they  were  chosen. 

Quorum  6.   In  all  general  meetings  of  the  stockholders  a  majority  of  all 

the  stockholders  in  interest,  being  present  in  person  or  by  proxy, 
shall  constitute  a  quorum  for  the  transaction  of  business.  Each 
stockholder  shall  be  entitled  to  as  many  votes  as  he  may  hold  shares 
in  said  company.  The  stockholders  in  general  meeting  shall  have 
power  to  fix  the  time  and  place  of  the  annual  meetings,  and  to  pre- 
scribe the  mode  in  which  general  meetings  of  the  stockholders  may 
be  called  by  the  directory,  and  the  manner  in  which  the  stockholders 
shall  be  notified  of  all  meetings  of  their  body.  The  stockholders 
shall  determine  and  fix  the  compensation  of  the  president. 

Officers  -    7.   The  president  and  directors  may  appoint,  and  dismiss  at  their 

pleasure,  a  secretary,  and  such  other  officers  as  may  be  necessary  for 
the  transaction  of  the  business  of  the  company,  and  allow  such  com- 
pensation for  their  services  as  they  may  deem  reasonable,  and  may 
require  such  secretary  and  other  officers  to  enter  into  bonds  with 
security  for  the  faithful  discharge  of  their  duties. 

Asi-igaiaent  §.   Every  stockholder  not  in  debt  to  the  company  may,  subject  to 

such  regulations  and  upon  such  terms  as  the  stockholders  may  pre- 
scribe, in  person  or  by  attorney,  assign  his  stock  or  any  number  of 
his  shares  on  the  books  of  the  company ;  but  no  stockholder  indebted 
to  the  company  shall  assign  or  make  a  transfer  of  his  stock,  or  re- 
ceive a  dividend  until  such  debt  is  paid  or  secured  to  the  satisfaction 
\  of  the  board  of  directors. 

insurance  on  9.   The  president  and  directors  are  authorized  to  make  insurance 

vessels,  &c  upon  vessels,  freights,  merchandise,  specie,  bullion,  jewels,  profits, 
commissions,  bank  notes,  bills  of  exchange,  and  other  evidences  of 
debt,  bottomry  and  respondentia  interests,  and  to  make  all  and  every 
insurance  connected  with  marine  risks  and  risks  of  transportation 
and  navigation. 

On  dwellings,  &c  10.  To  make  insurance  on  dwellings,  houses,  stores  and  other 
kinds  of  buildings,  and  upon  household  furniture  and  other  property 
and  merchandise,  against  loss  or  damage  by  fire. 

On  lives,  &c  11.    To  make  insurance  on  lives  ;  to  grant  annuities  ;  to  guarantee 

the  payment  of  notes,  bonds  and  bills  of  exchange,  and  to  make  all 
kinds  of  contracts  for  the  insurance  of  every  description  of  property. 

^.vestments  12.    The  president  and  directors  shall  have  power  to  invest  the 

capital  stock  and  other  funds  of  the  company,  in  bank,  state  or  other 
stocks,  in  the  purchase  of  bonds  issued  by  this  or  any  other  state,  or 
of  the  Confederate  States,  or  by  any  .incorporated  company;  to  lend 
money  upon  personal  or  real  security ;  and  to  purchase  or  otherwise 
acquire,  to  have  and  to  hold,  and  convey  and  sell  any  real  or  personal 
estate,  for  the  purpose  of  securing  any  debt  or  debts  that  may  be  due 
them,  and  for  their  own  use  and  convenience. 

Policies  of  insu-      13.   All  policies  of  insurance  and  other  contracts  made  by  the  said 

Jan<'e  company,  signed  by  the  president  and  countersigned  by  the  secre- 

tary, shall  be  obligatory  upon  the  said  company,  aud  have  the  same 
effect  as  if  the  said  policies  and  contracts  had  been  attested  by  a  cor- 
porate seal. 

Dividends  14.   The  president  and  directors  may  declare  semi-anuual  or  other 

dividends  of  the  profits  of  the  company,  as  they  may  deem  proper; 
but  no  dividend  shall  be  declared  when,  in  the  opinion  of  the  majo- 
rity of  the  board,  the  capital  stock  would  be  impaired  therebj'. 

(General  meeting  15.  The  president  and  directors  may,,  at  any  time  when  deemed 
necessary  by  them,  call  a  general  meeting  of  the  stockholders  ;  and 
any  number  of  the' stockholders,  owning  not  less  than  one-fourth  of 
the  whole  number  of  shares,  may  require  the  president  and  directors 
to  call  such  meeting;  aud  on  their  refusal  to  do  so,  may  themselves- 
call  such  meeting,  by  giving  fifteen  days'  notice  thereof  in  one  or 
more  of  the  newspapers  published  in  the  city  of  "Petersburg. 


INSURANCE    COMPANIES.  '& 

16.  The  president  and  directors  may  appoint  an  agent  in  an)'  of  Agent 
the  cities,  towns  or  counties  of  this  state  or  elsewhere  to  receive  offer- 
ings for  insurance,  and  for  the  transaction  of  such  business  of  the 
company  as  may  be  confided  to  him. 

17.  The  corporation  hereby  created  shall  be  subject  to  the  provi-  Subject  to  Code 
sions  of  the  Code  of  Virginia,  as  far  as  the  same  are  applicable  to 

and  not  inconsistent  with  the  provisions  of  this  act ;  and  this  act  shall 
be  subject  to  alteration,  amendment  or  repeal,  at  the  pleasure  of  the 
general  assembly. 

18.  This  act  shall  be  in  force  from  its  passage.  Commence m«is 


Chap.  43. — An  ACT  incorporating  the   Southern  Insurance  and  Savings 
Society  of  Petersburg. 
Passed  October  22,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Wil-  Oompanv  inCor 
liam  R.  Johnson,  T.  T.  Broocks,  Z.  W.  Pickrell,  S.  A.  Plmnmer,  Porated 

J.  B.  Wilson,  Joseph  E.  Venable,  R.  D.  Mcllwaine,  John  McNecee. 
John  Mcllwaine  and  E.  A.  Broadnax,  and  their  associates  and  suc- 
cessors, who  may  hereafter  become  subscribers  or  stockholders,  be 
and  they  are  hereby  constituted  and  made  a  body  politic  and  corpo- 
rate, under  the  name  and  style  of  The  Southern  Insurance  and  Sav- 
ings Society  of  Petersburg;  and  by  that  name  shall  have  perpetual 
succession  and  be  able  to  sue  and  be  sued,  plead  and  be  impleaded 
in  all  courts  in  this  state  and  elsewhere  ;  and  to  have  a  common  seal, 
and  the  same  to  alter  and  renew  at  their  pleasure;  and  to  make  and 
ordain  such  ordinances  and  regulations,  and  generally  to  do  all  such 
acts  and'  things  as  may  be  necessary  to  carry  into  effect  this  act,  and 
promote  the  object  and  design  of  the  corporation. 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  two  Capital  stock 
hundred  thousand  dollars,  to  be  divided  into  shares  of  one  hundred 

dollars  each,  with  power  to  increase  the  same  to  a  sum  not  exceeding 
one  million  of  dollars,  whenever  a  majority  of  the  stockholders  in  inte- 
rest shall  in  general  meeting  from  time  to  time  determine  so  to  do. 

3.  The  capital  stock  shall  be  paid  as  follows:  twenty  dollars 
per  share  before  or  at  the  general  meeting  for  the  organization  of  the 
company,  to  the  five  associates  herein  first  named,  who  are  hereby 
appointed  commissioners  (any  three  of  whom  may  act),  and  the  resi- 
due thereafter  as  may  be  required  by  the  president  and  directors. 

4.  Whenever  it  shall  appear  to  the  commissioners  aforesaid  that Genera)  meetins 
two  hundred  thousand  dollars  of  the  capital  stock  has  been  sub- 
scribed, and  forty  thousand  dollars  thereof  has  been  paid  to  them  in 

cash,  the  said  commissioners  shall,  by  service  of  personal  notice  or 
otherwise,  call  a  general  meeting  of  the  subscribers  or  stockholders 
at  a  certain  time  and  place  in  said  city,  to  organize  said  corporation. 
In  such  meeting  the  subscribers  or  stockholders  shall  proceed,  under 
the  inspection  of  the  commissioners,  to  elect  a  president  and  four 
directors.  The  commissioners  shall  forthwith,  after  said  election, 
pay  over,  as  the  president  and  directors  may  order,  all  moneys  re- 
ceived by  them  from  the  subscribers  to  the  capital  stock  of  the  com- 
pany, and  deliver  up  all  books  and  papers  in  their  hands  concerning 
the  same. 

5.  The  affairs  of  the  corporation  shall  be  managed  by  the  presi-  Affairs.  Low 
dent  and  four  directors,  being  stockholders  (a  majority  of  whom  shall  mana&ec1 
constitute  a  quorum),  who  shall  be  chosen  by  the  stockholders  in 
general  meeting,  and  continue  in  office  for  one  year,  and  until  others 

are  elected  in  their  stead ;  and  in  case  of  the  death,  resignation  or 
disqualification  of  the  president  or  any  of  the  directors,  the  remain- 
ing members  of  the  directory  shall  elect  others  to  fill  the  vacancies 
for  the  residue  of  the  term  for  which  they  were  chosen. 

6.  In  all  general  meetings  of  the  stockholders  a  majority  of  all  the  Quorum 

3 


o4  INSURANCE    COMPANIES. 

stockholders  in  interest,  being  present  in  person  or  by  proxy,  shall 
constitute  a  quorum  for  the  transaction  of  business.  Each  stock- 
holder shall  be  entitled  to  as  many  votes  as  he  may  hold  shares  in 
said  company.  The  stockholders  in  general  meeting  shall  have 
power  to  fix  the  time  and  place  of  the  annual  meetings,  and  to  pre- 
scribe the  mode  in  which  general  meetings  of  the  stockholders  may 
be  called  by  the  directory,  and  the  manner  in  which  the  stockholders 
shsill  be  notified  of  all  meetings  of  their  body.  The  stockholders 
shall  determine  and  fix  the  compensation  of  the  president. 

Officer*  7.    The  president  and  directors  may  appoint  and  dismiss  at  their 

pleasure,  a  secretary,  and  such  other  officers  as  may  be  necessary  for 
the  transaction  of  the  business  of  the  company,  and  allow  such  com- 
pensation for  their  services  as  they  may  deem  reasonable,  and  may 
require  such  secretary  and  other  officers  to  enter  into  bonds  with 
security  for  the  faithful  discharge  of  their  duties. 

Alignment  8.    Every  stockholder  not  in  debt  to  the  company  may,  subject  to 

such  regulations  and  upon  such  terms  as  the  stockholders  may  pre- 
scribe, in  person  or  by  attorney,  assign  his  stock,  or  any  number  of 
„  his  shares,  on  the  books  of  the  company ;    but  no  stockholder  in- 

debted to  the  com  panj'  shall  assign  or  make  a  transfer  of  his  stock  or 
receive  a  dividend,  until  such  debt  is  paid  or  secured  to  the  satisfac- 
tion of  the  board  of  directors. 

'iinsnranee  <«s  9.    The  president  and  directors  are  authorized  to  make  insurance 

*es»eis,  &e  upon  vessels,  freights,  merchandise,  specie,  bullion,  jewels,  profits, 
commissions,  bank  notes,  bills  of  exchange,  and  other  evidences  of 
debt,  bottomry  and  respondentia  interests,  and  make  all  and  every 
insurance  connected  with  marine  risks  and  risks  of  transportation 
and  navigation. 

Or,  dw<iiiings,&c  10.  To  make  insurance  on  dwellings,  houses,  stores  and  other  kinds 
of  buildings,  and  upon  household  furniture  and  other  property  and 
merchandise,  against  loss  or  damage  by  fire. 

On  lives,  &.c  11.    To  make  insurance  on  lives;  to  grant  annuities;  to  guarantee 

the  payment  of  notes,  bonds  and  bills  of  exchange;  and  to  make  all 
kinds  of  contracts  for  the  insurance  of  every  description  of  property; 

Money  nu  depo-  to  receive  money  on  deposit,  and  to  pay  interest  thereon,  as  may  be 

*''•  advantageous  to  the  stockholders;  to  provide  for  the  investment  of 

funds  of  the  company,  in  bank  or  other  stocks;  in  the  purchase  of 
bonds  issued  by  this  or  any  other  state  or  of  the  Confederate  States, 
and  of  bonds  of  any  incorporated  company;  to  lend  money  upon 
personal  or  real  security;  and  to  purchase  or  otherwise  acquire,  to 
have  and  to  hold,  to  convey  and  sell  any  real  or  personal  estate  for 
the  purpose  of  securing  any  debt  that  may  be  due  them,  and  for 
their  own  use  and  convenience :  provided,  that  said  company  shall 
not  issue  or  circulate  any  note  of  the  nature  of  a  bank  note. 

Policies  12-    All  policies  of  insurance  and  other  contracts  made  by  the  said 

company,  signed  by  the  president  and  countersigned  by  the  secre- 
tary, shall  be  obligatory  on  said  company,  and  have  the  same  effect 
as  if  the  said  policies  and  contracts  had  been  attested  by  a  corporate 
seal. 

Dividends  13.   The  president  and  directors  may  declare  semi-annual  or  other 

dividends  of  the  profits  of  the  company,  as  they  may  deem  proper; 
but  no  dividend  shall  be  declared  when,  in  the  opinion  of  a  majority 
of  the  board,  the  capital  stock  would  be  impaired  thereby. 

(Seneral  meeting  14.  The  president  and  directors  may  at  any  time,  when  deemed 
necessary  by  them,  call  a  general  meeting  of  the  stockholders ;  and 
any  number  of  stockholders  owning  not  less  than  one-fourth  of  the 
whole  number  of  shares,  may  require  the  president  and  directors  to 
call  such  meeting ;  and  on  their  refusal  to  do  so,  may  themselves  call 
such  meeting,  giving  fifteen  days'  notice  thereof  in  one  or  more  of 
the  newspapers  published  in  the  city  of  Petersburg. 
A\pen<  15.    The  president  and  directors  may  appoint  an  agent  in  any  of 

the  cities,  towns  or  counties  of  this  state  or  elsewhere,  to  receive 


MANUFACTURING    COMPANIES.  j$5 

-offerings  for  insurance,  and  for  the  transaction  of  such  business  of 
the  company  as  may  be  confided  to  him. 

16.  The  corporation  hereby  created  shall  be  subject  to  the  pro-  Subject  to  Code 
visions  of  the  Code  of  Virginia,  so  far  as  the  same  are  applicable  to 

it,  and  not  inconsistent  with  the  provisions  of  this  act:  and  this  act 
shall  be  subject  to  alteration,  amendment  or  repeal,  at  the  pleasure 
of  the  general  assembly. 

17.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  44.—  An  ACT  to  amend  the  Charter  of  the  Merchants   Insurance 
Company  of  Richmond. 
.     '  Passed  October  28,  1863. 

1.    Be  it  enacted  by  the  general  assembly,  that  the  second  section  Act  amended 
•of  the  act  passed  December  the  eighteenth,  eighteen  hundred  and 
fifty-five,  entitled  an    act  to  incorporate  the  Merchants   insurance    , 
company 'in  the  city  of  Richmond,  be  and  the  same  is  hereby  amended 
and  re-enacted  so  as  to%ead  as  follows : 

"§  2.  The  capital  of  the  said  corporation  shall  not  be  less  than  Capital' 
fifty  thousand  dollars  nor  more  than  three  millions  of  dollars.  The 
par  value  of  the  shares  shall  be  twenty-five  dollars  each  ;  and  holders 
of  certificates  of  stock  shall  be  entitled  to  new  certificates,  embracing 
double  the  number  of  shares  their  face  calls  for.  From  time  to  time 
the  board  of  directors  of  the  said  corporation  may  order  books  of  sub- 
scription to  be  opened  to  the  capital  stock  thereof;  and  such  books 
of  subscription  shall  be  opened  on  the  day  so  ordered ;  and  the  said 
books  of  subscription  may  at  any  time  be  closed,  after  giving  twenty 
days'  previous  notice  of  such  closing,  in  at  least  two  of  the  news- 
papers published  in  the  city  of  Richmond.  The  stock  of  the  said  Stock,  now  w 
corporation  shall  be  assignable  and  transferable,  according  to  such  sisnable 
rules  and  subject  to  such  restrictions  and  regulations  as  the  board  of 
directors  shall  make  and  establish ;  but  in  case  the  said  corporation 
shall  have  any  demand  or  claim  against  any  stockholder  thereof, 
whether  such  claim  is  due  or  to  become  due  at  any  future  period, 
such  stockholder  shall  not  be  entitled  to  make  such  transfer,  sale  or 
conveyance  of  his  or  her  stock  in  said  corporation,  or  to  receive  any 
dividend  thereon,  until  such  claim  or  demand  shall  be  paid  or  secured. 
to  be  paid  to  the  satisfaction  of  the  board  of  directors :  and  unless 
such  demand  shall  be  paid  or  secured  to  be  paid  satisfactorily  as 
aforesaid,  within  ninety  days  after  the  same  shall  have  become  due, 
then  such  stock  of  any  such  debtor,  or  so  much  thereof  as  shall  be 
sufficient  for  that  purpose,  maybe  sold  by  the  said  corporation,  under 
the  direction  of,  and  in  such  manner  as  the  directors  for  the  time 
being  may  think  most  advisable ;  and  the  proceeds  thereof  shall  be 
applied  towards  the  satisfaction  of  such  claim  or  demand." 

2.    This  act  shall  be  in  force  from  its  passage.  Commenoemeot 


Chap.  45. — An  ACT  to  incorporate  the  Catharine  Furnace  Company  in  the 

County  of  Spotsylvania. 

PasHed  January  25,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  George  Company  taeor- 
B.  Scott,  J.  Warren  Slaughter,  Charles  C.  Wellford,  A.  Alexander  Porated 
Little  and  C.  B.  Wellford,  and  such  other  persons  as  may  be  here- 
after associated  with  them  (any  four  of  whom  may  own  the  whole 
capital  stock),  shall  be  and  are  hereby  incorporated  and  made  a  body 
politic  and  corporate,  by  the  name  and  style  of  The  Catharine  Fur- 
nace Company,  for  the  purpose  of  mining  iron  ore,  and  of  working 
and  smelting  the  same  into  pig  iron  or  otherwise,  and  also  for  the 
purpose  of  manufacturing  iron  in  all  its  branches  and  uses,  in  said 


M 


MANUFACTURING    COMPANIES. 


Delegate 
powers 


Capital 


Commencement 


county  of  Spotsylvania,  and  of  transporting  to  market  and  selling 
iron  ores  or  other  products  of  their  mine  and  manufactory;  and  of 
transacting  the  usual  business  of  companies  engaged  in  mining  and 
manufacturing,  and  transporting  to  market  and  selling  the  products 
of  their  mines  and  manufactory. 

2.  The  said  company  and  their  successors  are  hereby  invested 
with  all  the  rights,  privileges  and  powers,  and  make  subject  to  all 
the  restrictions  and  regulations  now  provided  by  law  for  the  genera! 
regulation  of  bodies  politic  and  corporate,  and  of  the  mining  and 
manufacturing  companies  of  the  commonwealth,  so  far  as  the  same 
may  apply  to  and  are  not  inconsistent  with  the  provisions  of  this  act. 

3.  Be  it  further  enacted,  that  the  capital  stock  of  said  company 
shall  not  be  less  than  forty  thousand  dollars  nor  more  than  two  hun- 
dred thousand  dollars,  to  be  divided  into  shares  of  one  thousand' dol- 
lars each;  and  the  said  company  shall  have  the  right  to  purchase 
and  to  hold  land  not  exceeding  ten  thousand  acres. 

4.  This  act  shall  be  in  force  from  the  passage  thereof,  and  shall 
he  subject  to  any  amendment,  alteration  or  modification,  at  the  plea- 
sure of  the  general  assembly.  ♦ 

\ 


Company  incor- 
porated 


Capital 


Hott  organized 


General  meeting 


Commencement 


Chap.  46. — An  ACT  to  incorporate  the  Petersburg  Iron  Works. 
Passed  February  4.  1862. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Wil- 
liam T.  Joynes,  Charles  0.  Sanford,  William  E.  Hinton,  A.  G-.  Mc- 
Ilwaine,  Robert  D.  Mcilwaine,  Joseph  B.  Dunn,  John  G-.  Dunn, 
Joseph  H.  Cooper,  James  H.  Cox,  Thomas  H.  Wynne,  Lemuel 
Peebles,  John  Alfriend,  N.  F.  Rives,  and  their  associates,  be  and 
they  are  hereby  constituted  a  body  corporate,  for  the  purpose  of  ma- 
nufacturing engines,  cars,  agricultural  and  other  implements,  and 
machinery  generally,  under  the  name  and  style  of  The  Petersburg 
Iron  Works;  under  which  name  they  shall  be  entitled  to  all  the 
rights  and  privileges  of  a  corporation,  and  be  subject  to  the  pro- 
visions of  the  Code  of  Virginia,  and  the  acts  amendatory  thereof,  as 
far  as  the  same  may  be. applicable,  and  not  inconsistent  with  this  act: 
provided,  that  the  said  corporation  shall  not  hold  at  one  time  more 
than  fifteen  acres  of  land,  of  which  five  acres  may  be  in  the  city  of 
Petersburg,  and  ten  acres  in  the  county  of  Chesterfield. 

2.  The  capital  stock  of  said  corporation  shall  be  divided  into 
shares  of  five  hundred  dollars  each,  and  shall  be  in  the  aggregate 
not  less  than  seventy-five  thousand  dollars  nor  more  than  three  hun- 
dred thousand  dollars. 

3.  It  shall  not  be  necessary  to  open  books  of  subscription  for  the 
stock  of  said  company ;  but  it  shall  be  lawful  for  the  parties  hereby 
incorporated  to  proceed  at  once  to  organic*  the  same;  and  the  organ- 
ization shall  be  as  valid  in  all  respects  as  if  the  same  proceedings 
were  had  as  are  required  by  the  Code. 

4.  Any  general  meeting  of  the  stockholders  after  the  first  may  be 
called  upon  such  notice  as  may  be  prescribed  by  the  by-laws  of  said 
corporation  :  provided  the  same  shall  be  a  notice  of  not  less  than  ten 
days. 

5.  This  act  shall  be  in  force  from  its  passage. 


Chap.  47. — An  ACT  to  incorporate  the  Union   Manufacturing  Company 

in  the  County  of  Fluvanna. 

Passed  October  30,  1862. 

Company  incor-       1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James 

porated  Magruder,  Dudley  Boston,  H.  J.  Magruder, King  and  B.  H. 

Magruder,  and  such  other  persons  as  may  hereafter  be  associated 


TRADING    COMPANIES.  3$ 

with  them,  or  any  of  them,  be  and  they  are  hereby  incorporated  and 
made  a  body  politic  and  corporate,  under  the  name  and  style  of  The 
Union  Manufacturing  Company,  for  the  purpose  of  manufacturing 
wool,  cotton,  flour,  tobacco,  leather,  iron  and  other  articles,  at  Union 
mills,  in  the  county  of  Fluvanna;  and  are  invested  with  all  the 
rights,  privileges  and  powers  conferred  upon  such  bodies  politic,  and 
subject  to  all  the  restrictions  and  limitations  contained  in  the  Code  of 
Virginia,  so  far  as  the  same  are  applicable,  to  and  not  inconsistent 
with  the  rights  and  powers  hereby  conferred,  or  modified  by  the  pro- 
visions of  this  act.  4 

2.  The  eapital  stock  shall  be  not  less  than  fifty  thousand  dollars  Capital 
nor  more  than  one  hundred  thousand  dollars,  to  be  divided  into  shares 

of  one  hundred  dollars,  four-fifths  of  which  shall  never  be  owned  by 
less  than  four  shareholders;  and  it  shall  be  lawful  for  the  commis- 
sioners herein  after  named  to  open  boobs  of  subscription  for  raising 
the  said  capital  stock,  at  such  times  and  places  as  they  may  designate. 

3.  The  said  company  shall  have  power  to  purchase,  hold  and  Powers 
possess  land,  not  exceeding  three  hundred  acres  at  any  one  time. 

4.  The  parties  named  in  the  first  section  of  this  act,  or  any  three  Commissioners 
of  them,  are  hereby  appointed  commissioners  to  carry  out  the  pro- 
visions of  this  act. 

5.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  commencement 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  48. — An  ACT  to  incorporate  the  Old  Dominion  Trading  Company  of 
the  City  of  Richmond. 
Passed  March  25, 1863.  ' 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  A.  Company  incor- 
Morris,  P.  C.  Williams,  William  G.  Payne,  D.  O.  Huffard  and  E.  P°rated 

D.  Keeling,  together  with  such  other  persons  as  are  now  connected 
with  them,  under  the  name  and  style  of  The  Old  Dominion  Trading 
Company  of  the  City  of  Richmond,  be  and  the  same  are,  together 
with  their  successors  and  assigns,  hereby  made  and  constituted  a 
body  corporate,  under  the  said  name  and  style  of  the  Old  Dominion 
trading  company  of  the  city  of  Richmond,  for  the  purpose  of  own- 
ing, navigating  and  freighting  ships  and  other  vessels  engaged  in 
foreign  and  domestic  commerce,  trading  from  the  ports  of  the  Con- 
federate States  of  America,  and  with  powers  to  purchase  and  sell  and 
otherwise  deal  in  the  products  and  commodities  so  freighted. 

2.  The  capital  stock  of  the  said  company  shall  not  be  less  thau  Capital 
one  hundred  thousand  dollars  nor  more  than  one  million  of  dollars, 

and  shall  be  held  in  shares  of  five  thousand  dollars  each.  The 
affairs  of  the  company  shall  be  managed  by  a  president  and  board  of 
directors,  whose  term  of  office  and  their  number  shall  be  determined 
and  elected  by  the  stockholders;  and  the  said  board  of  directors 
shall  possess  all  the  corporate  powers  of  the  company :  provided, 
that  the  said  company  shall  be  subject  to  such  general  laws  as  may 
affect  corporations  of  this  character. 

3.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Commencement 
to  repeal,  modification  or  amendment,  at  the  pleasure  of  the  general 
assembly. 


Chap.  49. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  incor- 
porate the  Old  Dominion  Trading  Company,  passed  March  25th,  1863. 
Passed  October  3, 1863. 

1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  an  act  Act  amended- 
passed  twenty-foarth  March  eighteen  hundred  and  sixty-three,  enti- 


38  PACKET    COMPANY. VOLUNTEER    NAVY    COMPANY* 

tied  an  act  to  incorporate  the  Old  Dominion  trading  company,  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

"A.  Morris,  P.  C.  Williams,  William  G.  Payne,  D.  0.  Huffard 
and  E.  D.  Keeling,  together  with  such  other  persons  as  are  now  con- 
nected with  them,  under  the  name  and  style  of  The  Old  Dominion 
Trading  Company  of  the  City  of  Richmond,  be  and  the  same  are, 
together  with  their  successors  and  assigns,  hereby  made  and  consti- 
tuted a  body  corporate,  under  the  said  name  and  style  of  the  Old 

povzf  r?  <  f  com-   Dominion  trading  company  of  the  city  of  Eichmond,  for  the  purpose 

0'->ny  of  owning,  navigating  and  freighting  ships  and  other  vessels  engaged 

in  foreign  and  domestic  commerce,  trading  from  the  ports  of  the 
Confederate  States  of  America,  and  with  powers  to  purchase  and  sell 
and  otherwise  deal  in  the  products  and  commodities  so  freighted. 

Capital  The  capital  stoc"k  of  said  company  shall  not  be  less  than  one  hun- 

dred thousand  dollars  nor  more  than  two  millions  of  dollars,  and 
shall  be  held  in  shares  of  five  hundred  dollars  each.  The  affairs  of 
the  company  shall  be  managed  by  a  president  and  board  of  direc- 
tors, whose  term  of  office  and  their  number  shall  be  determined  and 
elected  by  the  stockholders ;  and  the  said  board  of  directors  shall 
possess  all  the  corporate  powers  of  the  company:  provided,  that  the 
said  company  shall  be  subject  to  such  general  laws  as  may  aflfect  cor- 
porations of  this  character." 

CntiiTiu  Tict'im  iit  2.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  repeal,  modification  or  amendment,  at  the  pleasure  of  the  general 
assembly. 


Chap.  50. — An  ACT  to  amend  and  re-enact  the  3d  section  of  an  act  to  incor- 
porate the  James  River  Canal  Packet  Company,  passed  March  Ittth,  1 86'.* 

Passed  September  28,  18fi3. 

Act  amended  1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 

third  section  of  an  act  entitled  an  act  to  incorporate  the  James  river 
canal  packet  company,  passed  the  sixteenth  of  March  eighteen  hun- 
dred and  sixty,  be  amended  and  re-enacted  so  as  to  read  as  follows  r 

Capita!  in  "  §  3.    The  capital  stock  of  said  company  shall  not  be  less  than 

prpnsed  gf(y  thousand  dollars  nor  more  than  three  hundred  thousand  dollars,, 

to  be  divided  into  shares  of  one  hundred  dollars  each."        , 

I'tiiMMiY!  nient       2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  51. — An  ACT  incorporating  the  Virginia  Volunteer  Navy  Company 
Passed  October  13,  1863. 

Company  incur-       1.    Be  it  enacted  by  the  general  assembly,  that  Samuel  J.  Harrison, 
porated  Bacon  and  Baskervill,  Dunlop,  Moncure  and  Company,  Joseph  E. 

Anderson  and  Company,  J.  L.  Apperson,  E.  H.  Maury  and  Com- 
pany, W.  F.  Watson,  J.  P.  George,  John  Eobin  McDaniel,  E.  M. 
Crenshaw,  Thomas  Branch,  D.  B.  Dugger,  Thomas  E.  Price  and 
Company,  Matthew  Bridges,  William  B.  Jones  and  Company,  Wil- 
liam B.  Isaacs,  Boiling  W.  Haxall,  and  such  other  persons  «as  are 
now  or  may  be  hereafter  associated  with  them,  shall  be  and  are  hereby 
incorporated  and  made  a  body  politic  and  corporate,  by  the  name  and 
Powers  style  of  The  Virginia  Volunteer  Navy  Company,  for  the  purpose  of 

owning,  procuring,  arming,  equipping,  manning  and  running  a  ves- 
sel or  vessels  for  the  volunteer  navy  of  the  Confederate  States,  to 
cruise  against  the  commercial  or  naval  vessels  of  all  enemies  of  the 
Confederate  States  wherever  found,  according  to  the  provisions  of  the 
1  act  of  congress  of  the  Confederate  States,  entitled  an  act  to  establish 
a  volunteer  navy,  approved  April  eighteenth,  eighteen  hundred  aitd 
sixty-three  ;  and  after  the  present  war  shall  have  closed,  all  vessels 
so  owned  may  be  employed  in  commercial  enterprises,  or  otherwise 
disposed  of,  as  the  said  company  may  determine. 


BETHANY   COLLEGE.  39 

2.    The  said  company  and  their  successors  are  hereby  invested  Delegated 
with  all  the  rights,  privileges  and  powers,  and  made  subject  to  the  P°wera 
restrictions  and  regulations  now  provided  by  law  for   the  general 
regulation  of  bodies  politic  and  corporate,  save  so  far  as  modified  by 
the  provisions  of  this  act. 

•  3.  The  capital  stock  of  the  said  company  shall  consist  of  not  less  Cupitai 
than  one  million  nor  more  than  ten  millions  of  dollars,  to  be  divided 
into  shares  of  five  hundred  dollars  each ;  and  the  said  company 
having  already  had  subscribed  one  million  of  dollars,  and  by  regular 
election  by  the  stockholders,  the  following  persons  have  been  elected 
president  and  directors  of  the  said  company  until  the  first  Monday  in 
May  eighteen  hundred  and  sixty-four,  to  wit:  Samuel  J.  Harrison  as 
president,  Eobert  Archer,  J.  L.  Apperson,  Thomas  W.McCanee  and 
J.  R.  McDaniel  as  the  directors,  it  is  hereby  enacted  that  the  said  per- 
sons shall  be  such  president  and  directors  of  the  said  company  until 
the  date  last  mentioned,  and  until  successor  shall  be  elected  by  the 
stockholders  of  said  company,  on  said  first  Monday  in  May  eighteen 
hundred  and  sixty-four,  or  thereafter. 

4.  The  president  of  the  said  company  shall  be  one  of  the  directors,  President  and 
and  the  directors  may  consist  of  five  or  more,  according  to  the  wishes  dlrectors 

of  the  said  company.  In  a  meeting  of  stockholders  each  stockholder 
may  in  person  or  by  proxy  give  the  following  vote  on  whatever  stock 
he  may  hold  in  the  same  right,  to  wit,  one  vote  for  each  share  of  such 
stock,  whatever  the  number  may  be. 

5.  Books  for  subscription  to  increase  the  capital  stock  until  it  increase  of  eaj>i- 
reaches  the  maximum  of  ten  millions  may  be  opened  from  time  to  ,aI  authorized 
time  by  the  directors,  who  are  hereby  appointed  commissioners  for 

the  purpose,  and  shall  be  kept  open  for  thirty  days  on  each  occasion  ; 
and  before  closing  the  books,  ten  days'  previous  public  notice  shall 
be  given  in  two  or  more  newspapers  published  in  the  city  of  Richmond. 

(i.    This  act  shall  be  in  force  from  the  passage  thereof,  but  the  Corumeixu-rr.^1: 
general  assembly^  may  at  any  time  amend  or  repeal  the  same. 


Chap.   52. — An   ACT  to   reorganize  the   Board   of  Trustees  for   Bethany 

College. 
Passed  October  23,  1863. 

.  Whereas,  the  members  of  the  board  of  trustees  of  Bethany  col-  Preamble 
lege,  an  institution  possessing  valuable  real  estate  and  a  large  en- 
dowment fund,  are  many  of  them  citizens  of  the  United  States,  and 
others  of  them  disloyal  citizens  of  this  state,  of  whom  some  are  in 
the  service  of  the  enemy,  and  by  reason  of  the  occupation  of  Brooke  . 
county  by  the  enemy,  some  loyal  members  of  the  board  cannot 
attend  -sittings  in  that  county,  and  there  is  reason  to  apprehend  that 
that  portion  of  said  trustees  accessible  to  the  institution  may  take 
such  action  as  may  jeopard  the  rights  and  property  of  the  institution 
and  impair  its  usefulness  :  Therefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  James  W.  Goss,  Directors 
R.  L.  Coleman,  Charles  W.  Russell  and  Joseph  H.  Pendleton,  mem- 
bers of  the  board  of  trustees  of  Bethany  college,  and  such  other 

loyal  members  of  the  board  as  are  within  the  confederate  military 
lines,  shall  be  and  are  hereby  constituted  the  board- of  trustees  of 
Bethany  college,  on  whom  are  conferred  all  the  rights,  duties,  privi- 
leges and  powers  conferred  by  the  charter  of  said  college  upon  the 
board  of  trustees  therein  organized. 

2.  Be  it  further  enacted,  that  the  first  meeting  of  the  board  con-  AVhenaudwnei* 
stituted  herein  shall  be  held  at  the  capitol  in  the  city  of  Richmond,  j™^11"8 10  be 
on  Friday  the  thirtieth  day  of  October  eighteen  hundred  and  sixty- 
three;  and  at  such  meeting  any  three  or  more  of  said  trustees  may 
constitute  a  quorum;  and  they  may  proceed  at  that  or  any  subse- Powers 
quent  meeting  to  fill  all  vacancies  that  may  occur  in  the  board,  and 


40 


FEMALE    INSTITUTE. BANK    OF    ROCKBKIDGE. 


i  (iminfnivuiciil 


may  declare  Vacant  the  place  of  any  member  not  within  said  lines  : 
provided,  that  no  person  shall  be  elected  a  member  of  said  board 
who  is  not  a  citizen  of  the  Confederate  States.  They  shall  elect 
from  their  number  a  president  pro  tempore.  Should  the  first  meeting 
provided  for  by  this  act  fail  from  any  cause  to  take  place,  then  it 
shall  be  lawful  for  any  two  of  the  trustees  herein  named  to  designate' 
such  other  time  and  place  as  they  may  deem  proper,  giving  notice 
thereof  for  one  week  in  some  newspaper  published  in  the  city  of 
Richmond  ;  and  further  meetings  of  the  board  shall  be  held  at  such 
times  and  places  as  the  majority  may  determine ;  or  the  president 
pro  tempore,  upon  the  request  in  writing  of  three  members  of  the 
board,  may  fix  such  time  and  place  of  meeting.  Notice  of  meetings 
may  be  given  in  such  manner  as  the  board  may  prescribe. 
3.    This  act  shall  be  in  force  from  its  passage. 


Company 
p orated 


How  managed" 


Duties  ol   tre; 
rarer  « 


ommencemeni 


Chap.   ;">:>. — An  ACT  to  incorporate  the  Virginia  Fe*ale  Institute  of  the 

•City  of  Richmond. 

Passed  November  2,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  Olof  A.  Erricson. 
James  Gordon,  Charles  H.  Read.  Robert  A.  Lancaster.  Patteson 
Fletcher,  S.  P.  Christian  and  Alexander  Garrett,  and  their  succes- 
sors, be  and  they  are  hereby  constituted  a  body  politic  and  corporate, 
under  the  name  and  style  of  The  Virginia  Female  Institute;  and  by 
that  name  shall  have  perpetual  succession  and  a  common  seal,  and 
may  sue  and  be  sued,  implead  and  be  impleaded  in  any  court  of  law 
or  equity  within  this  state.  The  said  Virginia  female  institute  shall 
be  capable  in  law  to  receive,  hold  and  dispose  of  real  and  personal 
property,  in  order  to  carry  out  the  purposes  of  its  incorporation. 

2.  The  said  Virginia  female  institute  shall  be  under  the  .control 
and  management  of  the  said  trustees  and  their  successors,  who  shall 
appoint  a  treasurer  and  all  necessary  officers  and  professors,  and 
make  such  rules  and  regulations  for  the  government  of  the  institution 
as  to  them  shall  seem  meet,  not  inconsistent  with  the  laws  of  this 
state,  or  of  the  Confederate  States.  A  majority  of  the  trustees  shall 
constitute  a  quorum  for  the  transaction  of  business:  and  any  vacancy 
or  vacancies  in  the  said  board  of  trustees,  occasioned  by  death,  re- 
signation or  otherwise,  shall  be  supplied  by  appointment  by  the  re- 
maining trustees  :  and  they  may  remove  any  member  of  their  body, 
two-thirds  of  the  whole  number  being  present  and  concurring. 

3.  The  treasurer  shall  receive  all  moneys  accruing  to  the  institute 
and  property  delivered  to  his  care,  and  shall  pay  or  deliver  the  same 
to  the  order  of  the  board  of  trustees.  Befoi'e  entering  upon  the  dis- 
charge of  his  duties,  he  shall  give  bond  with  such  security  and  in 
such  penalty  as  the  board  may  direct,  made  payable  to  the  trustees 
for  the  time  being,  and  their  successors,  and  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office,  under  such  rules  and 
regulations  as  the  board  may  adopt. 

4.  The  board  of  trustees,  in  connection  with  the  president  and 
professors  of  the  institute,  shall  have  power  to  confer  such  diplomas 
and  literary  titles  as  they  may  think  best  calculated  to  promote  the 
cause  of  female  education. 

5.  This  act  shall  be  in  force  from  its  passage. 


Chap.  54. — An  ACT  to  amend  the  Charter  of  the  Bank  of  Rockbridge. 

Passed  October  31,  1863. 

Aet  amended  1.    Be  it  enacted  by  the  general  assembly,  that  the  sixth,  seventh, 

eighth,  ninth,  tenth  and  eleventh  sections  of  the  act  passed  on  the 
twenty-first  day  of  March  eighteen  hundred  and  fifty-two,  entitled 


PUBLIC    ROADS.  41 

an  act  incorporating  the  Bank  of  Rockbridge,  be  and  the  same  are 
hereby  repealed. 

2.  That  the  charter  of  said  bank  shall  continue  and  be  in  force  Expiration  of 
until  the  twenty-first  day  of  March  eighteen  hundred  and  seventy-  charter  ■ 
two. 

3.  The  treasurer  of  the  state  may  retransfer  to  the  said  bank  the  Duty  of  trea- 
certificate  of  debt  of  the  state  now  held  by  him  in  trust  for  the  pur- surer 
poses  of  said  bank,  or  any  part  thereof,  upon  receiving-  and  canceling 

an  equal  amount  of  the  notes  of  said  bank,  countersigned  by  him ; 
and  if*  the  notes  of  said  bank,  so  countersigned  by  him,  have  been  so 
far  returned  and  canceled  as  that  the  amount  outstanding  shall  not 
exceed  the  sum  of  five  thousand  dollars,  the  said  treasurer  may  re- 
transfer  the  residue  of  said  certificates  or  guaranteed  bonds  to  said 
bank,  upon  receiving  from  at  least  five  of  the  stockholders  thereof, 
with  at  least  five  good  and  sufficient  securities,  to  be  approved  by 
him,  a  joint  and  several  bond,  payable  to  the  commonwealth  of  Vir- 
ginia, in  a  penalty  equal  to  at  least  three  times  the  amount  of  such 
outstanding  notes,  and  conditioned  to  pay  the  same,  on  demand,  at 
the  place  of  business  of  said  bank,  or  of  either  of  the  obligors  therein ; 
which  bond  shall  be  recorded  in  the  manner  prescribed  in  the  fourth 
section  of  chapter  one  hundred  and  eighty-six  of  the  Code  of  Virgi- 
nia, and  shall  have  the  force  of  a  judgment ;  and  for  eveiy  breach 
of  the  conditions  thereof,  execution  may  be  issued,  upon  ten  days' 
notice  of  the  application  therefor,  in  the  name  of  the  commonwealth, 
for  the  benefit  of  the  holders  of  any  such  outstanding  unredeemed 
notes,  for  the  amount  thereof  and  costs. 

4.  The  bank  shall  not  issue  and  pay  out  any  notes  for  circulation,  Note* 
except  of  the  denomination  of  fiv.e  dollars,  ten  dollars,  or  some  mul- 
tiple of  ten.  • 

5.  Every  quarterly  statement  of  this  bank  shall,  in  addition  to  the  Quarterly  ptRte- 
information  which  the  Code  of  Virginia  requires  to  be  made,  also  mentB 
exhibit  the  aggregate  debt  due  by  the  bank,  the  oustanding  debts 

due  the  bank,  its  discount  of  inland  and  foreign  bills  of  exchange, 
its  loans  to  directors,  its  specie  circulation  and  deposits,  on  the  first 
day  of  each  month  of  the  quarter  it  embraces. 

6.  The  board  of  directors  shall  consist  of  not  more  than  nine  nor  Board  of  .Lire.  ~ 
less  than  seven,  as  the  stockholders  may  direct.  tOT8 

7.  Provided,  that  nothing  in  this  act  contained  shall  debar  the 
Bank  of  Rockbridge  of  the  privileges  contained  in  an  act  passed 
March  twenty-ninth,  eighteen  hundred  and  sixty-two,  entitled  an  act 
to  provide  a  currency  of  notes  of  less  denomination  than  five  dollars. 

8.  This  act  shall  commence  and  be  in  force  from  and  after  the  Commencement 
time  when  the  provisions  have  been  approved  by  the  stockholders  in 

said  bank,  convened  in  general  meeting,  at  any  time  before  the  tenth 
day  of  January  eighteen  hundred  and  sixty-four,  and  such  approval 
shall  have  been  made  and  certified  by  the  president  and  cashier  of 
said  bank  to  the  governor  of  the  commonwealth. 


Chap.  55. — An  ACT  to  repeal  so  much  of  the  act  passed  February  ]5th, 
1853,  as  exempts  the  White  Male  Citizens  of  the  County  of  Ki'"g  George, 
of  forty-five  years  and  upwards,  from  working  on  the  PuL.ie  Boads  in 
that  County. 

Passed  October  13,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  so  much  of  the  act  Act  amended 
passed   February   fifteenth,    eighteen   hundred   and   fifty-three,    as 
exempts  the  white  male  citizens  of  the  county  of  King  George,  of  the 

age  of  forty-five  years  and  upwards,  from  working  on  the  public  roads 
in  said  county,  be  and  the  same  is  hereby  repealed. 

2.  This  act  shall  be  in  force  from  its  passage.  Comin-enceHfen* 


42  ENCLOSURES. — PRIVILEGES,   ETC. 

Chap.  5fi. — An  ACT  authorizing  the  County  Court  of  Washington  to  dis- 
pense with  the  Law  of  Enclosures  in  said  County. 
Passed  October  31,  1803. 

Powers  »f  court  1.  Be  it  enacted  b)T  the  general  assembly  of  Virginia,  that  the 
county  court  of  the-county  of  Washington  shall  have  power,  all  the 
justices  having  been  summoned,  and  a  majority  thereof  being  present, 
to  dispense  with  the  existing  laws  in  regard  to  enclosures,  so  far  as 
their  county  may  be  concerned,  or  such  parts  thereof,  to  be  described 
by  metes  and  bounds,  as  in  their  discretion  they  may  deem  it  expe- 
dient to  exempt  from  the  operation  of  such  law. 

i ;:  sspaas  2.    If  any  horses,  mules,  cattle,  hogs,  sheep  or  goats,  or  any  animal 

of  either  of  the  preceding  classes,  shall  enter  into  any  grounds  in  the 
county  of  Washington,  in  which  the  existing  law  of  enclosures  has 
been  repealed  as  aforesaid,  the  owner  or  manager  of  any  such  animal 
shall  be  liable  to  the  owner  or  occupier  of  such  grounds  for  any  da- 
mages arising  from  such  entry.  For  every  succeeding  trespass  by  such 
animal,  the  owner  thereof  shall  be  liable  for  double  damages  ;  and 
after  having  given  at  least  five  davs'  notice  to  the  owner  or  manager 
of  such  animal  of  two  previous  trespasses,  the  animal  shall  be  for- 
feited to  the  overseers  of  the  poor,  for  the  benefit  of  the  poor,  if  it  be 
found  again  trespassing  on  said  grounds. 

R^peaiins clause  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

Go.-am°acemeat       4.    This  act  shall  be  in  force  from  its  passage. 


Chap.  57.— An  ACT  for  the  relief  of  William  E.  Gaskins  and  James  H. 

Gaskins. 
Passed  September  29,  1863. 

Preamble  Whereas,  by  virtue  of  a  written  instrument  in  the  nature  of  a  rent 

charge  and  mortgage  executed  on  the  twentieth  day  of  November 
seventeen  hundred  and  ninety,  by  one  Cuthhert  Bullett  to  the  over- 
seers of  the  poor  of  Prince  William  county,  and  of  record  in  the 
county  court  of  Fauquier,  a  lien  was  created  on  certain  real  estate 
situate  in  said  county  of  Fauquier,  now  the  property  of  William  E. 
Gaskins  and  James  H.  Gaskins  of  said  last  mentioned  county,  by 
purchase  from  the  heirs  of  said  Bullett,  said  lien  being  intended  to 
secure  a  debt  of  eight  hundred  and  eighty-five  pounds,  with  interest 
at  the  rate  of  five  per  centum  per  annum,  payable  annually,  from 
the  date  aforesaid,  to  said  overseers  of  the  poor,  and  their  successors, 
for  the  purposes  in  said  deed  specified ;  which  interest  has  been  paid 
in  full  up  to  the  twentieth  day  of  November  eighteen  hundred  and 
sixty:  And  whereas  the  said  William  E.  Gaskins  and  James  II.  Gas- 
kins are  desirous  to  remove  said  lien,  by  payment  of  the  amount 
thereof,  principal  and  interest,  as  by  the  terms  of  said  instrument 
they  are  specially  authorized  to  do.  but  which  they  are  unable  to  do 
by  reason  of  the  continued  occupancy  of  said  county  of  Prince  Wil- 
liam by  the  public  enemy  : 

Amount  appro-       1.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 

p-^'1^  for  the  second  auditor  to  receive  of  the  said  William  E.  Gaskins  and 

James  H.  Gaskins,  or  either  of  them,  the  sum  of  twenty-nine  hun- 
dred and  fifty  dollars,  with  interest  thereon  at  the  rate  of  five  per 
centum  from  the  twentieth  day  of  November  eighteen  hundred  and 
sixty,  to  be  applied  to  t'te  credit  of  the  literary  fund;  and  that  upon 
the  payment  thereof,  the  attorney  general  shall  execute  and  deliver 
to  the  said  William  E.  Gaskins  and  James  H.  Gaskins,  their  heirs 
and  assigns,  a  deed  of  release  and  reconveyance  of  the  real  estate  in 
said  instrument  of  writing  described ;  which  deed,  when  so  executed 
and  delivered,  shall  be  effectual  to  extinguish  said  lien. 

Funds,  tow  held  2.  The  fund  thus  received  shall  be  held  by  the  second  auditor  as 
part  of  the  literary  fund,  and  shall  be  by  him  invested,  and  its  income 


PRIVILEGES,  ETC.  4-S, 

applied  to  the  use  and  benefit  of  the  school  commissioners  of  Prince 
William  county,  who  shall  receive,  apply  and  account  for  the  same, 
as  directed  by  an  act  of  the  general  assembly  passed  on  the  third  day 
of  Februaiy  eighteen  hundred  and  nineteen,  entitled  an  act  concern- 
ing the  school  commissioners  of  Prince  William. 
3.   This  act  shall  be  in  force  from  its  passage.  Coimneacetnant 


Chap.  58. — An  ACT  to  enlarge  the  powers  of  the  Common  Council  of  the 
City  of  Petersburg. 
Passed  October  16,  1863. 

i.  Be  it  enacted  by  the  general  assembly,  that  the  council  of  the  Powers  of  eoun 
city  of  Petersburg  be  and  the  same  is  hereby  authorized  to  suppress  cil 
riots  and  unlawful  assemblies  in  the  said  city ;  to  suppress  gaming 
and  gambling  houses,  tippling  and  tippling  houses,  and  to  prevent  or 
regulate  the  sale  of  spirituous  and  fermented  liquors  within  the  said 
city,  and  around  the  same  to  the  boundaries  to  which  the  jurisdiction 
of  its  corporation  court  or  officers  of  police  extends  in  criminal 
cases.  And  for  the  purposes  of  extending  the  powers  and  authority 
hereby  vested  in  said  council,  the  said  council  may  enact  ordinances 
and  impose  penalties  for  the  violation  thereof,  not  exceeding  five 
hundred  dollars,  and  imprisonment  not  exceeding  three  months ; 
may  authorize  and  empower  the  proper  officers  and  police  of  the  city 
to  seize  such  liquors  sold  or  kept  for  sale,  for  the  use  of  the  city,  and 
to  shut  up  the  houses  in  which  such  liquors  are  so  sold  or  kept  for 
sale,  and  arrest  the  persons  who  shall  sell  or  keep  for  sale  or  pur- 
chase the  said  liquors  in  violation  of  the  said  ordinances,  and  hold 
them  in  custody  until  they  shall  give  security  for  their  good  behavior, 
in  such  penalty,  not  exceeding  one  thousand  dollars,  as  the  justice 
before  whom  they  are  taken  shall  prescribe.  And  the  said  officers 
and  police  shall  have  the  same  powers  and  authority  in  discharging 
their  duties  under  said  ordinances,  as  state  officers  have  in  cases  of 
breaches  of  the  peace. 

2.  The  said  council  may  organize  and  establish  an  armed  police,  Armed  poiio^,, 
and  appoint  such  officers  thereof  as  to  the  council  may  seem  expe-  &c, 

dient ;  and  the  said  officers  shall  be  accountable  to  and  under  the 
supervision  and  control  of  the  council,  or  such  other  body  or  officer 
as  the  council  may  prescribe. 

3.  This  act  shall  be  in  force  from  its  passage.  Comm?ncsm^t 


Chap.  59. — An  ACT  authorizing  the  Board  of  Public  Works,  acting  as  a 
Board  of  Supervisors  for  the  production  and  distribution  of  Salt,  to  niodify 
the  Contract  of  Lease  between  Stuart,  Buchanan  &  Co.  and  Thomas  R. 
Friend. 

Passed  October  16,  1863. 

Whereas,  by  a  resolution  adopted  on  the  twenty-first  day  of  Sep-  Preamble 
tember  eighteen  hundred  and  sixty-three,  the  board  of  public  works, 
acting  as  a  board  of  supervisors  for  the  production  and  distribution 
of  salt,  have  recommended  to  the  general  assembly  to  make  some 
equitable  modification  of  the  terms  of  the  contract  of  lease  between 
Stuart,  Buchanan  and  Company  and  Thomas  E.  Friend,  assigned  by 
the  former  to  the  state  of  Virginia  : 

1.  Be  it  therefore  enacted,  that  the  board  of  public  works,  acting  Powers  of  board 
as  a  board  of  supervisors  for  the  production  and  distribution  of  salt,  of  Publi(>  works 
be  and  they  are  hereby  authorized  to  make  such  modifications  and 
alterations  as  may  be  just  and  equitable  to  both  parties  in  the  con- 
tract between  Stuart,  Buchanan  and  Company  and  Thomas  R.  Friend, 
bearing  date  the  twenty-third  day  of  August  eighteen  hundred  and 
sixty-two,  for  the  lease  of  the  Findley  furnace  at  the  Smyth  and 


44  PRIVILEGES,  ETC. 

Washington  county  salt  works,  which  said  lease  was  assigned  to  the 
state  of  Virginia  by  the  said  Stuart.  Buchanan  and  Company,  in 
March  eighteen  hundred  and  sixty-three :  provided,  however,  that 
such  modifications  and  alterations  be  assented  to  by  the  said  Thomas 
E.  Friend.^ 
Ojjr.mencemeiit       2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  60. — An  ACT  to  repeal  the  act  passed  March  5th,  1862:,  entitled  an 
act  to  authorize  the  issue  of  Registered  Certificates  of  State  Stock  to  Dr. 
Peter  F.  Brown,  in  lieu  of  two  lost  bonds. 

Passed  October  19,  1663. 

Preamble  Whereas  it  appears  to  the  general  assembly  that  the  two  coupon 

bonds,  the  property  of  Doctor  Peter  F.  Brown  of  Accomack  county, 
referred  to  in  the  act  passed  on  the  fifth  day  of  March  eighteen  hun- 
dred and  sixty-two,  entitled  an  act  to  authorize  the  issue  of  registered 
certificates  of  state  stock  to  Doctor  Peter  F.  Brown,  in  lieu  of  two 
lost  bonds,  have  been  recovered  from  the  enemy :  Therefore, 

Aei  repealed  1.   Be  it  enacted  by  the  general  assembly,  that  the  act  passed  on 

the  fifth  day  of  March  in  the  year  one  thousand  eight  hundred  and 
sixty-two,  entitled  an  act  to  authorize  the  issue  of  registered  certifi- 
cates of  state  stock  to  Doctor  Peter  F.  Brown,  in  lieu  of  two  lost 
bonds,  be  and  the  same  is  hereby  repealed. 

Commencement      2.    This  aet  shall  be  in  force  from  its  passage. 


Chap.  61. — An  ACT  allowing  the  Petersburg  Iron  Manufacturing  Company 

to  hold  not  more  than  twenty  thousand  acres  of  land  at  any  one  time! 

Passed  October  22,  18G3. 

Powers  of  com-       1-    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 
paoy  for  the  Petersburg  iron  works  to  establish  and  work  one  or  more  iron 

furnaces  in  any  part  of  this  state:  and  for  this  purpose,  to  acquire 
and  hold  not  exceeding  fifteen  thousand  acres  of  land  in  the  counties 
of  Botetourt  and  Alleghany,  and  not  to  hold  more  than  twenty  thou- 
sand acres  in  all  at  any  one  time. 
Commencement  2.  This  act  shall  be  in  force  from  its  passage,  and  be  subject  to 
alteration  or  amendment,  at  the  pleasure  of  the  general  assembly. 


Chap.  62. — An  ACT  to  authorize  the  Sale  of  Capon  Springs. 
Passed  October  22,  1863. 

Kale  authorised  1.  Be  it  enacted  by  the  general  assembly,  that  the  trustees  of 
Watsontown,  generally  known  as  the  Capon  springs  (a  majority  of 
them  consenting  thereto),  be  and  they  are  hereby  authorized  to  sell 
at  public  or  private  sale,  as  they  may  think  best,  for  the  'best  price 
they  can  obtain,  the  land  and  lots  vested  in  them  by  the  acts  of  De- 
cember twelfth,  seventeen  hundred  and  eighty-seven,  March  twen- 
tieth, eighteen  hundred  and  forty-seven,  March  eighth,  eighteen 
hundred  and  forty-nine,  December  fourteenth,  eighteen  hundred  and 
forty-nine,  and  January  eleventh,  eighteen  hundred  and  fifty:  provi- 
ded, however,  in  the  sale  and  conveyance,  that  the  purchaser  shall 
permit  the  visitors  frequenting  the  said  springs  to  have  free  access 
to  and  the  use  of  the  mineral  springs  on  the  said  lands,  and  of  the 
pavilion,  baths  and  other  improvements  erected  by  the  said  trustees, 
not  charging  for  the  use  of  the  water  or  baths  more  than  was  at  any 
time  charged  by  the  trustees :  and  if  the  trustees  shall  have  sold  any 
life  tickets  for  the  use  of  the  water  or  baths,  reserving  to  such  per- 
sons the  free  use  of  the  water  and  baths.  And  the  trustees  shall 
apply  the  proceeds  of  sale,  first  to  pay  the  debt,  now  due  by  them, 


PRIVILEGES,  ETC  .  4-5 

contracted  in  the  construction  of  the  improvements  thereon,  and  the 
balance,  if  any,  to  the  further  improvement  of  the  property,  to  be 
expended  under  the  direction  of  Henry  M.  Brent,  Philip  Williams 
and  Julius  C.  Waddle. 
2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  63. — An  ACT  to  authorize  the  Sale  and  Transportation  of  Salt  be- 
longing to  John  N.  Clarkson. 
Passed  October  30, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Salt,  how  eraoj 
for  John  N.  Clarkson,  superintendent  of  salt  works,  to  sell  any  salt  porte'3 

to  which  he  has  or  may  during  the  present  year  become  entitled  for 
the  hire  of  slaves  employed  at  Saltville,  under  contract  made  with 
Stuart,  Buchanan  and  Company,  or  with  the  state  of  Virginia;  and 
the  board  of  public  works  is  authorized  to  allow  said  Clarkson  to 
transport  said  salt  in  such  .manner  as  may  not  conflict  with  the  prior 
right  of  transportation  now  held  by  the  state,  or  with  the  equal  rights 
of  other  citizens. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  64. — An  ACT  for  the  relief  of  Washington  G.  Singleton,  Clerk  of 
the  District  Court  of  the  Sixth  Judicial  District. 
Passed  October  22,  1863. 

1.  Be  it  enacted  by  the  general  assembly,   that  the  auditor  of  Amount  appr=> 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue  Pnated 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  Washington  G.  Singleton,  or  his 
legal  representatives,  for  the  sum  of  one  hundred  and  fifty  dollars, 
in  full  of  office  rent  and  fees  due  said  Singleton  as  clerk  of  the  dis- 
trict court  for  the  sixth  judicial  district  for  the  year  ending  Decem- 
ber eighteen  hundred  and  sixty-two. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  65. — An  ACT  refunding  to  John  Nunan  part  of  a  License  Tax  paid 

by  him. 
Passed  October  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Auditor  to  ism » 
public  accounts  be  and  he  is  hereby  authorized  and  directed  to  issue  warrant 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  John  Nunan,  or  his  legal  repre- 
sentatives, for  the  sum  of  forty  dollars,  being  part  of  a  license  tax 
imposed  for  the  distillation  of  ardent  spirits,  and  which  license  privi- 
lege had  been  prohibited  by  law  for  the  residue  of  the  term  for  which 
he  was  so  licensed. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


RESOLUTIONS. 


No.  1. — Preamble  and  Resolutions  asserting  the  Jurisdiction  and  Sovereignty 

of  the  State  of  Virginia  over  her  Ancient  Boundaries. 

Adopted  October  8,  1863. 

Whereas  the  general  assembly  of  Virginia  did,  on  the  seventeenth 
day  of  January  eighteen  hundred  and  sixty-two,  adopt  the  following 
preamble  and  resolution : 

"  Whereas,  the  public  enemy,  invited  by  domestic  foes,  being  in  Preamble 
power  in  some  of  the  counties  of  Virginia,  where  they  are  confiscating 
the  property  of  loyal  citizens,  and  otherwise  oppressing  them  in  a 
cruel  manner:  and  whereas  the  traitors  there,  contemplating  a  divi- 
sion of  this  time-honored  commonwealth,  with  the  aid  of  the  public 
enemy,  have  set  up  a  pretended  government  over  the  same,  which, 
under  the  force  of  circumstances,  could  not  be  prevented  by  the  time- 
ly sending  of  an  adequate  military  force  :  and  whereas  the  legislature 
desires  to  reassure  all  loyal  citizens  throughout  the  commonwealth  of 
their  desire  and  intention  to  protect  them  :  Therefore, 

Resolved  by  the  senate  and  house  of  delegates,  that  in  uo  event 
will  the  state  of  Virginia  submit  to  or  consent  to  the  loss  of  a  foot  of 
her  soil ;  that  it  is  the  firm  determination  of  the  state,  and  known  to 
be  that  of  the  confederate  government,  to  assert  and  maintain  the 
jurisdiction  and  sovereignty  of  the  state  of  Virginia  to  the  uttermost 
limits  of  her  ancient  boundaries,  at  any  and  at  every  cost." 

And  whereas,  since  the  passage  of  said  resolution  by  the  general 
assembly,  the  government  of  the  United  States,  in  pursuance  of  its 
settled  purpose  to  override  and  destroy  the  separate  existence  of  the 
states,  has  attempted  to  form  a  new  state  out  of  the  state  of  Virginia, 
in  contravention  alike  of  the  constitution  of  the  United  States  and  the 
constitution  of  the  state  of  Virginia ;  and  is  upholding,  by  the  power 
of  her  armies,  certain  evil-disposed  and  traitorous  citizens  of  this 
state,  who  are  leagued  with  the  said  United  States  in  their  nefarious 
and  wicked  purposes  against  the  peace,  welfare,  institutions  and  in- 
tegrity of  Virginia :  and  whereas  it  is  the  fixed  and  unalterable  in- 
tention of  Virginia  to  maintain  and  assert  her  prerogative  as  set  forth 
in  said  resolution  of  the  last  general  assembty,  and  approved  by  the 
confederate  congress,  and  to  protect  alike  her  citizens  and  her  soil 
from  the  machinations  of  traitors  within  and  enemies  without :  There- 
fore, 

1.  Resolved  by  the  senate  and  house  of  delegates,  that  Virginia  Purpose  and  de- 
maintains,  fixed  and  unalterable,  the  purpose  and  determination  so  terminatiou  of 
clearly  set  forth  in  the  resolution  of  the  last  general  assembly,  and 

that  this  general  assembly  cordially  readopts  and  sanctions  the  same, 
and  redeclares  alike  to  her  citizens  and  the  world,  that  it  is  the  firm 
determination  of  the  state,  and  known  to  be  that  of  the  confederate 
government,  to  assert  and  maintain  the  jurisdiction  and  sovereignty 
of  the  state  of  Virginia  to  the  uttermost  limits  of  her  ancient  bounda- 
ries, at  any  and  every  cost. 

2.  Resolved,    that  the  governor  be  requested  to  send  a  copy  of  Governor  to 
these  resolutions,  properly  certified,  to  the  congress  of  the  Confede-  tress™1*  *°  C°B 
rate  States,  to  convene  on  the  twenty-second  of  February  eighteen 

hundred  and  sixty-four,  for  their  approval. 


48 


RESOLUTIONS. 


Sncr  >ase  of  pay 


No.  2. — Joint  Resolution  in  relation  to  the  Increase  of  Pay  to  Soldiers,  and 

Commutation  for  Rations  not  furnished  in. kind. 

Adopted  OctnberSl,  1S63. 

Resolved  by  the  general  assembly,  that  we  instruct  our  senators 
and  request  our  representatives  in  the  confederate  congress  to  use 
their  best  efforts  to  procure,  at  as  early  a  day  as  practicable,  the  pas- 
sage of  a  law  giving  increased  compensation  to  the  soldiers  in  the 
confederate  army,  and  commutation  for  rations  allowed  by  the  Army 
Regulations,  and  not  furnished  in  kind. 


Commutation 
for  clothing 


No.  3. — Joint  Resolution  defining  what  Commutation  for  Clothing  is  to  he 
allowed  to  the  Non-commissioned  Officers  and  Privates  of  the  Virginia 
State  Line. 

Adopted  October  30,  1863. 

Resolved  by  the  general  assembly,  that  the  non-commissioned  offi- 
cers and  privates  of  the  Virginia  state  line  are  entitled  to  the  same 
commutation  for  clothing  that  is  allowed  by  the  Confederate  States 
for  the  time  being;  that  is  to  say,  at  the  rate  of  fifty  dollars  per  an- 
num for  such  period  of  their  service  as  is  prior  to  October  eighth, 
eighteen  hundred  and  sixty-two,  and  at  the  rate  of  one  hundred  and 
thirty-four  dollars  and  twelve  cents  per  annum  for  such  period  of  ser- 
vice as  is  subsequent  to  the  eighth  day  of  October  eighteen  hundred 
and  sixty-two ;  and  at  said  rates  for  any  shorter  period  of  service : 
the  same  to  be  allowed  on  the  payrolls,  deducting  therefrom  the  pajr ; 
also,  if  necessary,  the  price  of  all  clothing  actually  issued  in  kind  to 
each  non-commissioned  officer  and  private.  The  amount  thereof  to 
be  certified  by  the  company  commandant  or  the  quartermasters  of 
the  regiment  or  battalion  to  which  the  company  belonged. 


Suspension  of 
^oramntatioii 


No.  4. — Joint  Resolution  directing  the  Paymaster  of  the  Virginia  Forces  to 
suspend  Payment  of  Commutation,  &c. 
Adopted  October  8,  1663. 

Resolved  by  the  senate  and  house  of  delegates,  that  the  paymas- 
ter of  the  Virginia  forces  suspend  all  payments  of  commutation  for 
clothing  until  the  farther  order  of  the  general  assembly. 


Districts  to  be 
numbered 


Eeport  to  au- 
ditor 


Designation  of 
districts  not  to 

be  changed 


N,o.  5. — Joint  Resolution  concerning  Commissioners  of  the  Revenue. 
Adopted  October  23,  1863. 

1.  Resolved  by  the  general  assembly,  that  it  shall  be  the  duty  of 
every  county  and  corporation  court  in  this  commonwealth,  in  whose 
county  or  corporation  more  than  one  commissioner  of  the  revenue  is 
now  authorized  b}r  law,  at  the  first  court  after  the  receipt  or  notifica- 
tion of  this  resolution,  to  designate  by  order  of  court  each  commis- 
sioner's district  by  number,  commencing  with  number  one,  and  con- 
tinuing a  successive  enumeration  until  the  whole  number  in  the  county 
authorized  by  law  is  completed.  That  such  court  also,  through  its 
clerk,  report  immediately  to  the  auditor  of  public  accounts  the  desig- 
nation of  the  districts  aforesaid,  and  the  name  of  the  present  com- 
missioner of  the  district  so  designated. 

2.  After  such  order  of  court  shall  be  made,  no  change  in  the  desig- 
nation of  the  districts  shall  be  made,  unless  the  number  of  the  dis- 
tricts shall  be  "increased  or  diminished  in  the  county  or  corporation. 


RESOLUTIONS.  '    49 

No.  6. — Joint  Resolution  ratifying  the  Contract  entered  into  between  the 
Chairmen  of  the  Joint  Committee  on  Salt,  and  Stuart,  "Buchanan  &  Co 
and  Charles  Scott  &  Co. 

Adopted  October  29, 1863.  ,  .     . 

Be  it  resolved  by  the  general  assembly,  that  the  contract  made  and  Ratification  of 
entered  into  by  Robert  A.  Coghill,  chairman  of  senate  committee,  contTact 
and  James  V.  Brooke,  chairman  of  house  committee,  with  Stuart, 
Buchauau  &  Co.  and  Charles  Scott  &  Co.,  bearing  date  the  twenty- 
seventh  day  of  October  eighteen  hundred  and  sixty-three,  and  pro- 
viding for  the  sale  and  delivery  by  the  last  named  parties  of  forty 
thousand  bushels  of  salt  tb  the  state,  in  the  words  and  figures  follow- 
ing, to  wit: 

Memorandum  of  a  contract  made  and  entered  into  by  Robert  A.  Contract  for  «m 
Coghill,  chairman  of  the  senate  committee,  and  James  V.  Brooke, 
chairman  of  the  house  committee — the  two  committees  acting  as  a 
joint  committee  of  the  general  assembly  of  Virginia  on  supply  and 
distribution  of  salt — parties  of  the  first  part,  and  Stuart,  Buchanan 
&  Co.  and  Charles  Scott  &  Co.,  parties  of  the  second  part: 

Witnesseth,  that  said  parties  of  the  second  part  agree  and  cove- 
nant to  sell  to  the  commonwealth  of  Virginia  forty  thousand  bushels 
of  salt,  to  be  delivered  at  their  works  at  Saltville  in  the  months  of 
November  and  December  eighteen  hundred  and  sixty-three,  and  in 
daily  installments,  as  near  as  reasonably  may  be,  or  as  much  faster  • 
as  the  said  parties  of  the  second  part  may  desire  :  the  salt  to  be  sub- 
ject to  inspection,  and  actually  inspected  and  made  merchantable 
salt. 

And  the  parties  of  the  first  part,  acting  on  behalf  of  the  state,  do 
agree  and  covenant  to  pay  to  the  said  parties  of  the  second  part  two 
dollars  per  bushel  for  said  salt  so  delivered,  on  delivery,  and  to  fur- 
nish the  sacks  for  the  same. 

They  also  stipulate,  on  behalf  of  the  state  and  of  the  board  of  Use  of  trafaa  fc* 
public  works,  that  the  parties  of  the  second  part  shall,  during  sai<T  **««»Hp*wjie0B 
two  mouths,  have  the  free  and  unrestricted  use  of  all  traius%wned  or 
hired  by  them,  now  on  the  rail  road,  and  of  any  other  trains  not  be- 
longing to  the  Virginia  and  Tennessee  rail  road  company,  which  they 
may  introduce  on  the  road,  subject  only  to  terms  now  made  or  to  be 
made  with  the  Virginia  and  Tennessee  rail  road  company  for  the  use 
ofi  their  roadways ;  and  that  the  state  and  the  board  of  public  works 
Bhall  not  prevent  the  Virginia  and  Tennessee  rail  road  company  from 
hauling  wood  for  said  parties  of  the  second  part,  next  after  the  fur- 
naces of  the  state  of  Virginia,  when  the  said  parties  of  the  second 
part  are  without  a  sufficient  wood  train,  if  that  should  happen  to  be 
the  case  at  any  time  before  the  first  day  of  January  next. 

And  they  further  stipulate  on  behalf  of  the  state,  that  the  said  AWeme&n 
parties  of  the  second  part  shall  be  allowed  a  fair  and  reasonable   " 
abatement  from  their  contract  for  delivery  of  salt,  in  the  event  of  in- 
terruption of  their  work  by  incursion  of  the  public  enemy,  and  in 
proportion  to  the  time  or  duration  of  such  interruption. 

Witness  the  hands  of  the  parties  this  twenty-seventh  day  of  Oc- 
tober eighteen  hundred  and  sixty-three. 

R.  A.  Coghill, 

Cli'n  Senate  Committee. 

Jas.  V.  Brooke, 

Ch'n  House  Committee, 

.  Stuart,  Buchanan  &  Co. 

Charles  Scott  &  Co. 
— be  and  the  same  is  hereby  ratified  and  confirmed. 
•   '.  4 


50  %  RESOLUTIONS. 

No.  7. — Htport  of  the  Joint  Committee  on  Salt,  on  a  Communication  from 
the  Governor  enclosing  a  Communication  from  the  Governor  of  Georgia, 
in  respect  to  Interruption  in  the  transportation  of  Salt  belonging  to  that 
State. 

Adopted  October  31,  1863. 

Report  in  re-  To  the  General  Assembly  of  Virginia — The  joint  committee,  to 

upect  to  inter-  whom  has  been  referred  the  message  of  the  governor  of  this  com- 
porsation  of  salt  monwealth,  inviting  the  attention  oi  the  general  assembly  to  an  ae- 
boJongiug  to  the  eomnanying  ''communication  from  the  governor  of  Georgia,  relative 

rtat.  of  Georgia  t()  guppjy  Q|  gajt„  b(?g  ,eaye  to  ^^  . 

That  they  have  had  the  subject  therein,  referred  to  under  careful" 
consideration,  and  can  find  nothing  in  the  character  of  the  rules 
adopted  by  the  board  of  public  works,  touching  the  transportation  of 
salt,  which  would  justify  the  conclusion  that  "our  sister  state  of 
Georgia  has  been  shamefully  treated,"  or  require  the  interposition  of 
the  general  assembly  to  "rebuke  it." 

Your  committee  appreciate  very  fully  the  importance  as  well  as 
the  propriety  of  cultivating  relations  of  comity  and  kindness  between 
the  states  of  this  Confederacy.  Engaged  as  they  are  in  a  common 
Struggle,  and  dependent,  in  great  measure,  upon  the  prevalence  of  a 
spirit  of  harmony  and  brotherhood  for  the  ultimate  triumph  which 
they  hope  to  achieve,  it  is  the  obvious  policy  of  the  several  states  to 
avoid,  in  their  commercial  intercourse,  any  measure  which  may  lead 
to  discoid  and  discontent 

Nevertheless,  your  committee  cannot  consider  it  reasonable  that 
this  principle  should  be  carried  to-  such  an  extent  as  to  absorb  all 
other  considerations. 

It  must  be  held  in  subserviency  to  the  higher  obligation,  under 
which  every  government  is  laid,  to  provide  specially  for  the  safety 
and  welfare  of  its  own  people:  and  tested  by  this  standard,  the  con- 
duet  of  the  board  of  public  works  has  been,  in  the  opinion  of  your 
committee,  entirely  unexceptionable.  For,  while  it  would  be  gross 
illiberal^  in  the  authorities  of  the  state  of  Virginia  to  deny  to  any 
of  her  srster  states  all  proper  facilities  for  sharing  in  the  benefits  to 
be  derived  from  the  production  and  distribution  of  an  adequate  sup- 
ply of  salt,  it  would  be  manifest  injustice  to  her  own  people  to  permit 
the  enjoyment  of  such  privileges  in  such  manner  as  to  deprive  them 
of  advantages  to  which  they  are  properly  entitled. 

As  your  committee  understand  the  resolution  adopted  by  the  board 
of  public  works  in  relation  to  this  subject,  it  provides,  in  substance, 
as  follows  :  That  foreign  trains  shall  be  permitted  to  run  upon  the 
rail  roads  of  this  common  wealth,  upon  condition  that  such  trains 
shall  transport  the  salt  manufactured  by  states,  when  awaiting  trans- 
portation, in  preference  to  salt  manufactured  on  private  account,  or 
for  purposes  of  speculation. 

The  effect  of  this  rule  would  seem  to  be,  to  insure  to  the  people  of 
the  states  interested  in  the  production  of  salt,  an  adequate  supply 
upon  the  most  reasonable  terms,  aud  to  protect  them  against  the 
evils  of  speculation  and  extortion.  It  certainty  cannot  be  regarded 
as  improper  that  this  state  should  require  that  trains  of  oth^r"  states, 
after  transporting  the  salt  of  such  states,  should  transport  for  the 
state  of  Virginia  before  transporting  the  salt  of  private  manufac- 
turers, whose  interest  it  is  to  sell  at  extortionate  prices. 

This  rule,  properly  construed,  does  not  give  the  state  of  Virginia 
any  priority  in  the  use  of  foreign  trains  over  the  state  to  which  such 
trains  belong.  If  such  has  been  the  result  in  any  c»se,  it  must  have 
been  due  to  the  uncertainty  which  attached  to  the  true  character  of 
some  of  the  enterprises  purporting  to  be  conducted  on  state  account. 
A  repetition  of  such  mistakes  may  be  effectually  prevented,  by 
adopting  such  rules  as  will  certainly  fix  the  true  relation  which  enter- 
prises bear  to  the  several  states. 


-'  RESOLUTIONS.  51 

/To  accomplish  this  object,  your  committee  submit  the  following 
resolution,  and  recommend  its  passage  by  the  general  assembly  : 

Resolved  by  the  general  assembly,  that  the  power  conferred  ^y  the  Order  of  priority 
act  of  March  thirtieth,  eighteen  hundred  and  sixty-three,  upon  the  *?r  tr"wp«wt*- 
superintendent  of  salt  works,  to  control  (under  the  control  of  the 
board  of  supervisors)  transportation  on  the  several  rail  roads  of  this 
commonwealth,  for  the  conveyance  of  supplies  to  the  salt  works,  &c, 
shall,  so  far  as  trains  belonging  to  other  states'  are  concerned,  be 
exercised  so  as  to  allow  transportation  by  said  trains  in  the  following 
order  of  priority : 

1st.  To  the  transportation  necessary  for  the  Confederate  States 
government. 

2d.  To  the  transportation  necessary  for  the  state  owning  or  em- 
ploying such  trains,  in  the  production  and  distribution  of  salt  made 
by  such  state,  for  the  supply  of  its  own  citizens,  and  not  the  subject 
of  speculation.  In  ascertaining  the  true  character  of  any  of  the 
works  employed  in  the  manufacture  of  salt,  the  certificate  of  the 
governor  of  any  state,  under  the  seal  thereof,  shall  be  regarded  ats 
unquestionable  evidence  of  the  facts  stated  therein. 

3d.  To  the  transportation  necessary  for  the  state  of  Virginia  in 
the  production  and  distribution  of  state  salt. 

4th.  To  the  transportation  necessary  for  private  citizens  or  corpo- 
rations of  the  state  owning  or  employing  said  trains. 

Your  committee  submit  herewith  a  communication  from  the  board 
of  supervisors,  and  also  a  communication  from  Honorable  B.  H.  Big- 
ham,  agent  for  Georgia. 

Resolved,  that  the  governor  be  requested  to  transmit  to  the  gover-  To  bs  traau- 
nor  «>i  Georgia  a  copy  of  this  report,  and  a  copy  of  his  communica-  ™0'^f  cie^'V*' 
tion   addressed  to  the  general   assembly  of  Virginia,  calling  their 
attention  to  the  subject  of  the  communication  of  the  governor  of  the 
state  of  Georgia. 


/ 


INDEX. 


ACTS  OF  ASSEMBLY. 

When  sketch  of,  to  be  prepared,  9 

ADJUTANT  GENERAL. 

Salary  of,  10 

Of  clerk  of,  10 

AGENTS"  AND  STOREKEEPERS. 

See  General  agents. 

APPROPRIATIONS. 

Act  making  ceitain,  4 

General  assembly,  4 

Convicts,  4 

Officers  and  privates,  4 

Gay,  Lieut.  E.  S.  4 

Auditing  board,  4 

ARREST  OF  DESERTERS. 

Act  for,-  by  civil  authority,  20 

Deserters,  how  arrested,       .  20 

Committed  to  jail,  •  20 

Posse  comitatus,  .  20 

Penalties,  20 

ASSISTANT  CLERKS  OF  SENATE 
AND  HOUSE  OF  DELEGATES. 

Their  salaries  and  duties,  9 

AUDITOR  OF  PUBLIC  ACCOUNTS. 

Salary  of,  8 

BANK  OF  ROCKBRIDGE. 

Act  to  amend  charter  of,  40-41 

Expiration  of  charter,  41 

Duties  of  treasurer,  41 

Notes,  41 

Quarterly  statements,  41 

Board  of  directors,  41 

BETHANY  COLLEGE. 

Act  to  reorganize  trustees  of,  39 

Preamble,  39 

Directors,  39 

Meeting  of,  39 

Powers  of,  39 

BOARD  OF  JURORS. 

See  Jurors. 

BOUNDARIES  OF  VIRGINIA. 

See  Jurisdiction   and   sovereignty  of 
Virginia. 

BROWN,  DR.  P.  F. 

Act  to  repeal  act  as  to  bonds  held  by,         44 


CAPON  SPRINGS. 

Act  for  sale  of,  -  44 

CATHERINE  FURNACE. 

Company  incorporated,  35 

Powers  of,  36 

Capital,  36 

CENTRAL  LUNATIC  ASYLUM. 

Act  to  supply  deficiencies  in  appropria- 
tion for,  26 

CHANCERY  SUITS. 

See  Partition. 

CIRCUIT  COURTS. 
Act  concerning  special  terms  of,  16 

Warrant  for  special  terms  of,  17 

CLARKSON,  JOHN  N. 
Act  for  sale  of  salt  of,  45 

CLERK  HOUSE  OF  DELEGATES. 

Salary  of,  9 

Duties  of,  9 

CLERKS  OF  COMMITTEES. 

Compensation  of,  9 

Duties,  9 

Appointment,  9 

CLERKS  OF  COURT  OF  APPEALS. 

How  bond  of,  taken,  16 

CLERKS  OF  COURTS. 

Compensation  of,  for  public  services,  14 

Proviso  as  to  Richmond  and  Petersburg,    J4- 


Salary  of, 
Duties  of, 


CLERK  OF  SENATE. 


CLOTHING. 

See  Commutation  fdr  clothing. 

COMMISSIONERS  OF  REVENUE. 
Act  as  to  fees  of,  3 

How  paid,  3 

Joint  resolution  as  to  districts  of,  48 

Report  to  auditor,  48 

Designation  of  districts,  48 

COMMON  COUNCIL  OF  PETERSBURG. 

See  Petersburg. 

COMMUTATION  FOR  CLOTHING. 

Resolution  as  to,  for  state  line,  48 


54 


INDEX. 


Resolution  as  to  suspension  of  payment 

for,  48 

COMPUTATION  OF  SALAEIES. 

Act  as  to,  10 

CONFEDERATE    SAVINGS  AND 

INSURANCE   COMPANY  OF 
PETERSBURG. 

Act  incorporating,  29-31 

Company  incorporated,  29 

Capital,                                      ,  29 

How  paid,  '29 

Commissioners,  29 

Affairs  how  managed,  29 

Officers,  29 

Assignment,  29 

Insurance  on  vessels,  30 

Policies  and  dividends,  30 

General  meetings,  30 

Agents,  31 

Subject  to  Code,  31 

CONFEDERATE    TREASURY  NOTES. 

Receivable  in  payment  of  taxes.  3 

CONTESTED  ELECTION. 

Code  amended,  11 

When  notice  may  be  given,  11 

List  of  votes,  11 

Objections,  !  1. 

Eligibility,  11 

In  special  elections,  12 

Depositions.  12 

CONTRACTS. 

What  payable  in  currency,  3 

CONTRACTS  WITH  CONFEDERATE 

GOVERNMENT. 

For  whiskev  not  to  be  executed,  25 


CONVICTS. 
Act  to  authorize  hire  of, 
When  governor  may  hire. 
Stipulation  as  to  return, 

COURT  OF  APPEALS. 

Act  concerning  jurisdiction  of, 

COUNTIES  IN  POSSESSION  OF 
ENEMY. 

See  Trial. 

CRIMINAL  JURISDICTION. 

Of  court  of  appeals, 

CURRENCY. 
'See  Contracts,  and  Small  notes. 

DESERTERS. 

See  Arrest  of  deserters. 

DISTILLATION, 

Act  of  1863  amended. 
Distillation  prohibited. 
Contracts  not  to  be  executed, 
Act  to  be  published, 


16 


16 


DISTRICT  COURTS. 
Sec  Circuit  courts. 


DOORKEEPERS. 


Salary  of, 


EASTERN  LUNATIC  ASYLUM. 
Act  to  provide  payment  of  claims 

against,  25-6 

ELECTIONS. 

See  Contested  elections. 

ENCLOSURES. 
Act  as  to,  in  Washington  county,  42 

See  Fence  law. 

FAMILIES  OF  SOLDIERS  AND 
SAILORS. 

See  Indigent  soldiers  and  sailors. 

FEES  OF  COMMISSIONERS  OF 

REVENUE. 

Act  as  to,  3 

FEES  OF  OFFICERS. 

Limitation  as  to,  10 

FENCE  LAW. 
Act  as  to,  amended,  19 

Counties  enumerated,  19 

FOOD. 

Act  as  to  transportation  of,  14 

FORCES  FOR  PUBLIC  DEFENCE. 

Act  as  to,  6 

FREE  NEGRO  CONVICTS 

See  Convicts. 

FRIEND,  THOMAS  R. 
Act  as  to  contract  with,  43 

Power  of  board  of  public  works,  44 

FRIENDLY  SUITS  IN  CHANCERY 
See  Partition. 

FUEL. 
See  Transportation  of  fuel. 

FUEL  AND  LIGHTS. 

See  Governor's  house. 

GAMING. 

Act  to  suppress,  12 

Code  amended,  12 

Penalties  for,  12 

Infamous  offence,  12 

Whipping,  12 

Property  forfeited,  12 

When  property  may  be  seized,  12 
Penalty  for  renting  house  for  gaming,         12 

Hiring  slaves,  12 

Property  when  forfeited,  12 

Fine  and  imprisonment,  13 

Free  negro  when  sold,  13 
Duty  of  court  as  to  forfeited  property,         13 

Equitable  title,  13 


INDEX. 


55 


Conveyance  how  made,  13 

Corroborative  evidence,  13 

Search  aud  examination,  13 

Proceedings  after  search,  13 

When  officer  to  seize  property,  13 

Order  as  to  safe-keeping1,  13 

Duty  of  attorney  for  state,  13 

GASKINS,  WILLIAM  E.  &  ALS.. 

Act  for  relief  of,  42 

Preamble,  42 

Amount  how  received,  42 

How  held,  43 

GENERAL  AGENTS  AND  STORE- 
KEEPERS. 

Act  for  appointment  of,  20 

How  appointed,  20 

Power  of  courts,  20 

Purchase  of  articles,  20 

To  whom  not  to  be  sold,  20 

Books  of  agents,  21 

To  whom  articles  to  be  sold,  21 

Price  therefor,  21 

Oath  aud  bond  of  agents,  21 

Transportation,  •  21 

Counties  in  possession  of  enemy,  21 


Salary  of, 


GOVERNOR. 


GOVERNOR'S  HOUSE. 

Act  to  supply  fuel  and  lights  to, 
Governor  reimbursed  for  lights,,  &c. 

HABEAS  CORPUS. 

Jurisdiction  of  court  of  appeals  in  cases 
of, 


16 


HIRE  OF  CONVICTS. 

Act  as  to, 

25 

See  Convicts. 

HOME  INSURANCE 

COMPANY  OF 

PETERSBURG. 

Act  incorporating, 

31-3 

Company  incorporated, 

31 

Capital, 

31 

How  paid, 

31 

General  meetings, 

31 

Affairs  how  managed, 

31 

Quorum, 

32 

Officers, 

32 

Assignment, 

32 

Insurance, 

32 

Investments, 

32 

Policies, 

32 

Dividends, 

32 

Subject  to  Code, 

33 

IMPRESSMENTS. 

See  Indigent  soldiers  and  sailors. 

INCORPORATED  COMPANIES. 

Act  as  to  meeting  of  stockholders  of,  16 

How  meeting  constituted,  16 

When  to  adjourn,  16 

Proviso,  16 


INDIGENT  SOLDIERS  AND  SAILORS. 

Act  tor  relief  of,  21 

List  how  made,  21 

How  returned,  21 

How  examined  and  added  to,  22 

Allowance  of  money  or  supplies,  22 

How  charged,  2mZ 

In  case  of  refugees,  .    22 

Amounts  how  certifie'd,  22 

When  paid  out  of  treasury,  22 

Agents  and  their  duties,  22 

When  impressments  may  be  made,  22 

Who  deemed  a  speculator,  22 

Estimates  how  made,  22 

When  agent  may  sell  to  others,  22 

Exception  as  to  merchants,  '  23 
Exception  as  to  impressment  of  family 

supplies,  23 

WThen  justices  to  be  convened,  ■          23 

Oath  aud  bond  of  agents,  23 

Penalty  for  failure  to  carry  out  act,  23 

How  prosecuted,  23 

How  act  to  be  executed,  23 
To  be  given  in  charge  to  grand  juries,       211 

JAILORS'  FEES. 
Act  concerning  fees  of  jailors,  19 

JAMES  RIVER-PACKET  COMPANY. 

Act  to  amend  charter  of,  38 

JURISDICTION   AND    SOVEREIGNTY 
OF   VIRGINIA. 

Preamble  and  resolution  as  to,  47 

Purpose  of  state,  47 

To  be  transmitted  to  congress,  47 

JURORS. 

Act  as  to  board  of,  14-15 

Amount  allowed,  15 

KING  GEORGE  COUNTY. 

Act  as  to  roads  in,  /■  41 

MEETINGS  OF  STOCKHOLDERS. 

See  Incorporated  companies. 

MERCHANTS  INSURANCE  COMPANY 

OF  PETERSBURG. 
Act  incorporating,  amended,  35 

Capital,  35 

Stock  how  assignable,  35 

NOTICE  IN  CONTESTED  ELECTIONS. 

See  Contested  elections. 


NUN  AN,  JOHN. 
Act  refunding  license  tax  to, 


45 


OFFENCES  COMMITTED  IN  COUN- 
TIES IN  POWER  OF  ENEMY. 

See  Trial. 

OLD  DOMINION  TRADING  COMPANY. 

Act  to  incorporate,  37 

Powers  of  company,  37 

Act  to  amend  act,  37-8 


56 


INDEX. 


PARTITION. 

Act  concerning'  friendly  suits  for,  17 

When  may  be  tried  in  another  county,'       17 
Decrees  how  certified,  17-18 


PAY  DEPARTMENT. 

Act  to  repeal  ordinance  creating, 
Unfinished  business  how  disposed  of, 

PAY  OF  SOLDIERS. 
Resolution  as  to, 

PENITENTIARY. 

Salaries  of  officers  of, 
Allowance  to, 

PETERSBURG- 

Act  to  enlarge  powers  of  council  of, 
Powers  of  council, 


48 


PETERSBURG   IRON  MANUFACTUR- 
ING COMPANY. 

Act  as  to  holding  lands  by,  44 

PETERSBURG  IRON  WORKS. 

Company  incorporated,-  36 

Capital,  36 

How  organized,  36 


PRIORITY  OF  TRANSPORTATION 

Act  as  to, 

PUBLIC  DEFENCE. 

See  Slaves  to  work  on  fortifications. 
Act  to  authorize  forces  to  be  called  out 

for, 
Volunteers  how  called  out, 
Existing  organizations, 
How  act  to  be  published, 


J4 


PUBLIC  PRINTER. 

Act  for  relief  of,  26-7 

PUBLIC  ROADS. 

See  King  George  county. 

PURCHASES  BY  COUNTY. COURTS. 

See  General  agents,  &c. 

PURCHASE  OF  SALT. 

Act  appropriating  money  for,  8 

RAIL  ROAD  COMPAND3S. 
Duties  required  of,  24 


RECORDS  OF  COURTS. 

Act  for  removal  of, 

How  removed, 

When  may  be  removed, 

When  in  case  of  death  of  clerk, 

See  Removal  of  records. 

REGISTER  OF  LAND  OFFICE. 

Salary  of, 

REMOVAL  OF  RECORDS. 

See  Records  of  courts. 


ROAD  LAW. 
Code  amended, 

When  persons  to  work  on  roads, 
Penalties  for  failure, 
Proviso, 

ROBINSON,  ISRAEL. 
Act  as  to  funeral  expenses  of, 

SALARIES  OF  OFFICERS  OF 
GOVERNMENT. 
Act  to  increase, 
In  executive  department, 
In  office  of  first  auditor, 
In  office  of  second  auditor, 
In  treasurer's  office, 
In  land  office, 
Clerk  of  senate, 
Clerk  of  house  of  delegates, 
Assistant  clerks, 

Sergeant  at  arms  and  doorkeepers, 
Clerks  of  committees, 
Penitentiary, 
Surgeon  of  penitentiary, 
Superintendent  of  public  building's,. 
Adjutant  general's  office, 
Secretary  of  board  of  public  works, 
Salaries  when  to  commence,  • 
Limitation  as  to  fees., 
Act  amended. 

SALT. 
Act  of  1863  amended, 
Control  of  transportation, 
How  sold  and  delivered. 
To  refugees, 
How  distributed, 
Price, 

Act  amended, 
Salt  how  delivered, 
Agents  how  appointed. 
Price  how  fixed, 

Salt  to  be  distributed  to  refugees, 
Proviso, 

Joint  resolution  as  to  contract  fox, 
Contract  ratified, 


17 

J7 
J  7 
17 


8 

9 

9 

.  9 

9 

9 

9 

10 

10 

10 

10 

10 

10-11 


6 
6 
6 

6 
7 
7 
7 
7 
7 
7 
7 
7 
49 
49 


SALT  FOR  GEORGIA. 
Report  as  to  transportation  of,    • 


50-51 


Salary  of, 


SECOND  AUDITOR. 


SECRETARY  OF  COMMONWEALTH. 
Salary  of,  8 

SECRETARY  OF'  BOARD  OF  PUBLIC 

WORKS. 
Salary  of, 


SERGEANT  AT  ARMS. 
Salary  and  fees  of, 

SHERIFFS  AND  SERGEANTS. 
Act  making  compensation  to,  for  public 
services, 

SINGLETON,  WASHINGTON  G. 
Act  for  relief  of, 


10 
9 

M 

45 


INDEX. 


57 


SLAVES  TO  WOEK  ON  FORTIFI- 
CATIONS,        y 

Act  of  1863  amended,  4 

Duty  of  governor,                   .  4 

Slaves  how  called  out,  4 

Limitation  as  to  number,  4 

Per  centage  in  counties,  4 

How  apportioned,  5 

Proviso  as  to  certain  counties,  5 

When  governor  may  exempbcounties,  5 
How,  when  party  has  lost  one-third  of 

slaves,  5 

Compensation,  5 

Liability  of  confederate  government,  5 

When  not  responsible,  5 

Hired  slaves,  5 

Proviso,  5 

Duty  of  county  courts,  5 

Of  commissioners  of  revenue,  5 

Requisitions  how  apportioned,  5 

Classes,  6 

Proviso  as  to  soldiers,  6 

SMALL  NOTES. 

Act  to  suppress  further  issue  of,  by 

counties,  3 

Proviso,  4 

SOLDIERS  AND  SAILORS. 

See,  Indigent  soldiers  and  sailors. 

SOUTHERN  INSURANCE  &  SAVINGS 

SOCIETY  OF  PETERSBURG. 

Company  incorporated,  33 

Capital  stock,  33 

General  meetings,        -  33 

Affairs  how  managed,  33 

Quorum,  33 

Officers,  33 

Insurance,  34 

Subject  to  Code,  34 

SPECIAL  TERMS  OF  CIRCUIT 
COURTS. 

Act  as  to,  in  cases  of  violation  of  law 
against  distillation,  16-17 

STORAGE  OF  TOBACCO. 

Code  amended,  15 

Rates  of  rent,  15 

What  for  state,  15 

Rate  of  charges,  15 

When  value  recovered  in  case  of  fire,  15 

Proviso,  15 

SUPERINTENDENT  OF  PUBLIC 
BUILDINGS. 

Salary  of,  10 

Allowance  to,  for  hires,  10 

TAXES. 

What  currency  receivable  in,  3 

TOBACCO. 
See  Storage  of  tobacco. 

TRANSFER  OF  CAUSES. 
See  Williamsburg  and  James  City. 
5 


TRANSPORTATION  OF  FUEL. 

Act  as  to,  by  rail  roads,  24 

Fuel  when  to  be  transported,  24 

Compensation  to  rail  road  companies.  24 

How  fixed,  24 

Fines,  24 
Proviso  as  to  Virginia  and  Tenrjessee 

rail  road  company,  24 

TRANSPORTATION  OF  FOOD  TO 
CONSUMERS. 

Code  amended,  4 

Act  giving  priority  to,  14 
When  rail  road  companies  to  transport,       14 

Order  of  time,  14 

Priority  of  transportation,  14 

Express  freight  not  to  be  charged,  14 

TRANSPORTATION  OF  SALT. 
See  Salt  for  Georgia. 

TRANSPORTATION  AND  SALE  OF 
SALT. 

See  Clarkson,  John  N. 


Salary  of, 
Of  clerks  of. 


TREASURER. 


TRIAL. 

Act  of  1862  amended, 
Where  prisoner  to  be  confined, 
Proviso  as  to  bail, 
When  bail  granted  as  of  right, 
Power  of  judge, 


18 
18 
18 
19 
19 


UNION  MANUFACTURING  COMPANY. 

Company  incorporated,  36 

Capital,  36 

Power  to  hold  lands,  36 

Commissioners,  36 

VIRGINIA  FEMALE  INSTITUTE. 

Act  to  incorporate,  40 

How  managed,  40 

Diplomas,  &c.  40 

VIRGINIA  VOLUNTEER  NAVY. 

Act  to  incorporate,  36 

Powers  of  company,  39 

Capital,  39 

How  increased,  39 

VOLUNTEER  NAVY. 

See  Virginia  volunteer  navy. 


WASHINGTON  COUNTY. 
Act  as  to  enclosures  of, 


42 


WILLIAMSBURG  AND  JAMES  CITY. 

Act  for  transfer  of  causes  from  courts  of,  18 

Where  may  be  removed,  18 

Notice  how  given,  18 

Suit  how  proceeded  in,  18 

When  cause  remanded,  18 

When  returned,  18 


OF   THE 


G 


ENERAL  ASSEMBLY 


<0F   THE 


ATE    OF    VIRGINIA 


PASSED  AT  SESSION  OF  1863-4, 


i:n  the 


EIGHTY-EIGHTH   TEAK   OF   THE   COMMONWEALTH 


RICHMOND : 

William  f.  ritchie,  public  printer. 

1864. 


PUBLIC  OR  GENERAL  ACTS. 


Ghap.  1. — An  ACT  to  suspend  the  act  passed  March  28th,  1863,  entitled  an 
act  imposing  Taxes  for  the  Support  of  Government,  and  to  continue  the 
Rights  and  Remedies  of  the  Commonwealth,  and  prescribing  further  Regu- 
lations for  Licenses. 

Passed  March  3,  1864. 

Whereas  it  appears,  from  the  report  and  estimates  of  the  auditor  Preambte 
of  public  accounts,  that  the  available  balance  which  will  be  in  the 
treasury  on  the  fifteenth  of  March  eighteen  hundred  and  sixty-four, 
with  additional  receipts  accruing  during  the  current  fiscal  year,  will 
amount  to  the  sum  of  nine  million  three  hundred  and  twenty-five 
thousand  four  hundred  and  forty-five  dollars,  which  sum  will,  in  the 
opinion  of  this  general  assembly,  be  ample  for  the  support  of  the 
state  government,  as  well  as  for  compliance  with  any  demands  which 
may  probably  be  made  upon  the  treasury  during  the  current  year : 
Therefore, 

1 .  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Act  of  L663  gu9- 
March  twenty-eighth,  eighteen  hundred  and  sixty-three,  entitled  an  p611^ 

act  imposing  taxes  for  the  support  of  government,  be  and  the  same 
is  hereby  suspended  until  the  thirty-first  day  of  January  eighteen 
hundred  and  sixty-five. 

2.  All  the  rights,  remedies  and  penalties  imposed  by  said  act,  Rights,  remee^* 
which  may  have  accrued  under  the  same,  are  reserved  to  the  com-  l^v^naXtl<3B  rt 
monwealth. 

3.  In  every  case,  under  the  operation  of  the  act  aforesaid,  or  any  License  require* 
other  law  now  in  force,  in  which  a  license  was  required,  a  license 

shall  be  obtained,  and  a  fee  of  one  dollar  shall  be  paid  to  the  com- 
missioner issuing  such  license. 

4.  There  shall  be  no  assessment  of  property  or  licenses,  during  No  asaeasmeat  to 
the  suspension  of  the  act  aforesaid,   by  the  commissioners  of  the  be  mad8 
revenue,  but  licenses  shall  be  issued  and  obtained  without  assess- 
ment. 

5.  This  act  shall  be  in  force  from  its  passage.  Ommoaeement 


Chap.  2. — An  ACT  appropriating  the  Public  Revenue  for  the  Fiscal  Years 
1863-4  and  1864-5. 
Passed  March  8,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  public  taxes  Ooora)  fund 
and  arrearages  of  taxes  due  prior  to  the  first  day  of  October  eighteen 
hundred  and  sixty-three,  and  not  otherwise  appropriated,  and  all 
other  revenue  and  public  money  not  otherwise  appropriated  by  Jaw, 
which  shall  come  into  the  treasury  prior  to  the  first  day  of  October 
eighteen  hundred  and  sixty-five,  and  the  surplus  of  all  appropriations 
made  prior  to  the  said  first  day  of  October  eighteen  hundred  and 
sixty-five,  shall  constitute  a  general  fund,  and  be  appropriated  for  the 
fiscal  years  to  close  respectively  on  the  thirtieth  (lay  of  September 
eighteen  hundred  and  sixty-four  and  the  thirtieth  day  of  September 
eighteen  hundred  and  sixty-five,  and  to  be  paid  out  upon  the  warrant 
of  the  auditor  of  public  accounts,  to  wit : 

First — The  appropriations  for  the  yesr  ending  the  thirtieth  day  of 
September  eighteen  hundred  audi  sixty -four  shall  be  as  follows,  to  wit: 


4  APPROPRIATIONS- 

i 

Civil  Department. 

GkneraA  assem-        To  pay  the  per  diem  allowance  and  mileage,  and  other  expenses  of 

h)y  the  members  and  officers  of  the  general  assembly  for  the  extra  session 

continued  in  October,  and  the  regular  session  which  commenced  on 
the  first  Monday  in  December  eighteen  hundred  and  sixty-three ;  to 
pay  the  pages  of  the  senate  and  house  of  delegates,  the  porter  of  the 
senate,  and  servants  for  making  lires  and  superintending  furnaces  iu 
the  capitol,  upon  the  certificates  heretofore  issued  in  such  cases,  seven 
hundred  thousand  dollars.  V 

judiciary  To  pay  the  salaries  and  mileage  of  judges,  and  the  salaries  of  all 

other  officers  of  the  civil  government,  two  hundred  and  fifty  thousand 
dollars. 

Expanse  of  To  pay  allowances  to  commonwealth's  attorneys,  clerks,  sheriffs, 

<xmi,;4  tipstaffs  and  messengers  of  courts,   including  fuel,  stationery  and 

office  rent  for  the  supreme,  district  and  circuit  courts,  seventy^-five 
thousand  dollars. 

Ciei-ks  to  aadi-        To  pay  temporary  clerks  in  the  office  of  the  auditor  Of   public 

tor's  office  accounts,  for  services  accruing  prior  to  the  twenty-second  day  of 

January  eighteen  hundred  and  sixty-four,  one  thousand  lour  hundred 
and  eighty-nine  dollars  and  eighty-five  cents. 

Msiwwger  To  pay  for  the  services  of  a  messenger  in  the  office  of  the  auditor 

of  public  accounts,  eight  hundred  dollars. 

Civil  contingent       To  pay  expenses  chargeable  to  the  civil  contingent  fund,  one  hun 

"lD(1  dred  thousand  dollars. 

Civil  prosecu-  To  pay  expenses  of  civil  prosecutions,  eight  thousand  dollars. 

tf0nB  t         To  pay  salary  of  vaccine  agent  at  Lewisburg,  and  allowance  to 

acoi  to  age-  a  vaecjne  agen{;  a£  Richmond  (five  hundred  dollars  each),  one  thousand 
dollars. 

Otmmissioiiew        To  pay  the  commissions  of  the  commissioners  of  the  revenue 

of  rovanue  allowed  by  law,  eighty  thousand  dollars. 

Printing  To  pay  expenses  of  printing  for  the  general  assembly  and  public 

officers,  and  for  paper  and  books  for  public  offices,-  sixty  thousand 
dollars. 

Births,  deaths  To  pay  commissioners  of  the  revenue  and  clerks  of  courts,  for  their 

sad  taarriages  services  in  ascertaining  and  recording  the  marriages,  births  and 
deaths,  and  other  duties  required  by  law  hi  relation  thereto,  two- 
thousand  dollars. 

rttbi.c  ware-  ^°  Pay  allowances  to  commissioners  of  public  warehouses,  one 

boiidOH  hundred  and  fifty  dollars. 

Governor's  To  pay  for  repairs  to  and  furnishing  of  the  governor's  house,  to  be 

h(,"»«  paid  upon  the  certificate  of  the  superintendent  of  public  buildings, 

five  thousand  five  hundred  dollars. 

(3.ipifc0)  To  pay  for  repairs  to  the  capitol,  two  thousand  dollars. 

Records  of  court      To  pay  for  printing  records  of  the  court  of  appeals  and  district 

of  appeals  courts,  four  thousand  dollars. 

SnoA-et.ary  of  To  pay  the  usual  allowance  to  the  secretary  of  the  sinking  fund, 

eiuidngfund       three  hundred  dollars. 

Comparing  poll-  To  pay  expenses  of  comparing  polls  iu  sundry  elections,  fifteen, 
hundred  dollars. 

Dav.d  Pattest  To  pay  David  Patteson,  for  making  fires  and  other  attentions  to 
the  public  offices,  for  arrearages  of  pay  from  October  first,  eighteen 
hundred  and  sixty-three,  to  January  first,  eighteen  hundred  and  sixty- 
four,  one  hundred  dollars. 

Military  Department. 

Adjutant  gene-        To  pay  the  salaries  of  the  adjutant  general  and  his  clerk,  seven 

raia  office  thousand  one  hundred  and  twenty-five  dollars. 

Public  guard  ■  To  pay  officers  and  privates  of  the  public  guard,  their  allowances 
for  pay,  rations  and  clothing,  including  temporary  quarters,  one  hun- 
dred and  ninety-five  thousand  dollars. 

Ordnance  de-        #To  pay  the  salaries  of  the  ordnance  officers  allowed  by  law,  and 

pun  meat  the  laborers  employed  therein,  including  the  pay  of  the  orduane« 


1 


APPROPRIATIONS.  5 

sergeant  at  the  Virginia  military  institute,  and  charges  for  rent  and 
fuel,  and  for  purchase  and  transportation  of  supplies,  and  for  the 
transportation  of  arms  collected  and  distributed,  one  hundred  thou- 
sand dollars. 

To  pay  brigade  inspectors,  adjutant?,  clerks  of  regimental  courts,  Militia 
musicians,  and  other  lawful  charges  of  the  militia  establishment,  five 
thousand  dollars. 

To  pay  expenses  chargeable  to  the  military  contingent  fund,  fifty 
thousand  dollars. 

To  pay  the  salaries  and  allowances  of  naval  officers  on  the  retired  Naval  officer* 
list,  seven  thousand  five  hundred  dollars. 

To  pay  military  expenses  heretofore  incurred,  to  be  allowed  and  Military  «- 
certified  ay  the  auditing  board,  sixty  thousand  dollars.  penses 

To  pa}'  military  expenses  hereafter  to  be  incurred,  to  be  paid  by 
the  auditor  of  public  accounts,  upon  such  pay  rolls  and  certificates  as 
are  prescribed  by  Army  Regulations  of  the  Confederate  States,  Miy 
thousand  dollars. 

To  pay  the  governor's  aid  a  salary,  in  lieu  of  all  other  compensa-  Govern™  e  aid 
tion,  three  thousand  five  hundred  dollars. 

To  pay  pensions  allowed  by  law  for  military  services,  four  hundred  Fensioms 
and  thirty-two  dollars. 

Annuities  and  similar   Claims. 

To  the  Central  lunatic  asylum,  to  pay  salaries  of  officers,  nurses,  Central  lunatic 
transportation  of  patients,  and  all  other  incidental  expenses  for  sup-  P|jy'um 
ort  of  patients  confined  therein,  one  hundred  and  fifty-two  thousand 
ollars;  and  in  addition  thereto,  whatever  sum  may  have  been  paid 
anto  the  treasury,  arising  from  the  pay  patient  fund. 

To  the  Eastern  lunatic1  asylum,  to  pay  salaries  of  officers,  nurses,  Eastern  lunatic 
transportation  of  patients,  and  all  other  incidental  expenses  for  sup-  as/lum 
port  of  patients  confined  therein,  sixty  thousand  dollars. 

To  pay  expenses  of  lunatics  confined  in  jail,  or  supported  out  of  Lunatics  1.0  jail 
jail,  by  contract,  in  pursuance  of  law,  and  with  which  the  state  is 
chargeable,  thirty  thousand  dollars. 

To  pay  the  annuity  of   the  Virginia  military  institute,  thirteen  Virginia nsflitiwy 
thousand  five  hundred  dollars;  and  in  accordance  with  the  provi- instltut0 
sions  of  the  act  passed  the  twenty-second  day  of  January  eighteen 
hundred  and  sixty-four,  entitled  an  act  providing  an  additional  ap- 
propriation to  the  Virginia  military  institute,  the  sum  of  twenty 
thousand  dollars. 

To  pay  the  annuity  allowed  by  law  to  the  institution  for  the  deaf,  Deaf,  dumb  and 
dumb  and  blind,  fifty  thousand  dollars.  blind 

Criminal   Charges. 

To  pay  for  the  arrest  and  support  of  prisoners,  pay  of  jurors,  wit-  Criminalehargea 
nesses,  and  other  charges  allowed  by  law.  five  hundred  and  fifty 
thousand  dollars. 

To  pay  the  salaries  of  the  superintendent,  surgeon  and  other  offi-  Penitentiary 
cers  of  the  penitentiary,  and  allowances  to  the  interior  guard  thereof; 
to  purchase  supplies,  clothing,  subsistence  and  support  of  convicts  ; 
to  pay  sheriffs  and  other  officers  for  the  transportation  of  the  convicts 
to  the  penitentiary,  and  all  other  incidental  expenses  attending  the 
management  of  said  institution,  allowed  by  law,  one  hundred  thou- 
sand dollars;  and  to  pay,  in  addition  thereto,  all  sums  necessary  to 
carry  on  the  said  penitentiary,  which  may  have  been  paid  into  the 
treasury  by  the  superintendent. 

To  pay  for  slaves  condemned  and  executed,  or  sentenced  to  or  slaves  condemn- 
reprieved  for  sale  and  transportation;  eighty  thousand  dollars.  ed- &c 

To  pay  expenses  of  bringing  condemned  slaves  to  the  penitentiary,  Transportation 
two  thousand  dollars. 

Second — The  appropriations  for  the  year  ending  the  thirtieth  day 
of  September  eighteen  hundred  and  sixty-five,  shall  be  as  follows, 
±0  wit: 


APPROPRIATIONS 


General  ansem 
My 


Sa.iS3.aia.ry 


Expenses  of 
courts 


W  osaenger 
Vaoeine  agents 


Postage 


Births  deaths 
and  marriages 


Public  ware- 
houses 


G-ovornor^s 
bo  us  a 


Capitol 

Printing  records 

Comparing  pi-]1 


Secretary  of 
■Inking  mud 


A'ljsutant  gene- 
ra'-'s  office 


Pr.bHc  guard 


0'rdi»ance  de- 
partment 


Military  eorjtin- 
guilt  fund 

Naval  retired 
list 

Military  ex- 
penses 


Civil  Department* 

To  pay  the  per  diem  allowance  and  mileage,  and  other  expenses 
of  the  members  and  officers  of  the  genera?  assembly,  for  an  extra 
session  to  be  held  during  the  fiscal  year  commencing  October  eigh- 
teen hundred  and  sixty-four;  to  pay  the  pages  of  the  senate  and 
house  of  delegates,  the  porter  of  the  senate,  and  servants  for  making 
fires  and  superintending  furnaees  in  the  capitol,  upon  the  certificates 
heretofore  usual  in  such  eases,  five  hundred  and  sixty-five  thousand 
dollars. 

To  pay  the  salaries  and  mileage  of  judges,  and  the  salaries  of  all 
other  officers  of  the  civil  government,  two  hundred  and  fifty  thousand 
dollars. 

To  pay  the  allowances  to  commonwealth's  attorneys,  clerks  of 
courts,  sheriffs,  tipstaffs  and  messengers  of  courts,  including  fuel, 
stationery  and  office  rent  for  the  supreme,  district  and  circuit  courts,. 
seventy-live  thousand  dollars. 

To  pay  for  the  services  of  a  messenger  in  the  office  of  the  auditor 
of  public  accounts,  eight  hundred  dollars. 

To  pay  salary  of  vaccine  agent  at  JLewisburg,  and  allowance  to 
yaceine  agent  atKichmond  (five  hundred  dollars  each),  one  thousand 
dollars. 

To  pay  postage  on  commissioners'  books,  and  on  circulars  to  and 
from  commissioners  of  the  revenue,  fifteen  thousand  dollars. 

To  pay  expenses  of  printing  for  the  general  assembly  and  public- 
officers,  and  for  paper  and  books  for  public  offices,  sixty  thousand 
dollars. 

To  pay  commissioners  of  the  revenue  and  clerks  of  courts,  for 
their  services  in  ascertaining  and  recording  the  marriages,  births 
and  deaths,  and  other  duties  required  by  law  in  relation  thereto,  two 
thousand  dollars. 

To  pay  allowances  to  commissioners  of  public  warehouses,  one- 
hundred  and  fifty  dollars. 

To  pay  for  repairs  to  the  governor's  house,  to  be  paid  upon  the 
certificate  of  the  superintendent  of  public  buildings,  five  hundred 
dollars. 

To  pay  for  repairs  to  the  capitol,  two  thousand  dollars. 

To  pay  for  printing  records  of  the  court  of  appeals-  and  district 
courts,  four  thousand  dollars. 

;      To  pay  expenses  of  comparing  polls  at  sundry  elections,  five  hun- 
dred dollars. 

To  pay  the  usual  allowance  to  the  secretary  of  the  sinking  fund, 
Shree  hundred  dollars. 

Military  Department. 

To  pay  the  salaries  of  the  adjutant  general  and  his  clerk,  seven* 
thousand  one  hundred  and  twenty-five  dollars. 

To  pay  officers  and  privates  of  the  public  guard,  their  allowances 
for  pay,  clothing,  rations,  including  temporary  quarters,  one  hundred 
and  ninety-five  thousand  dollars. 

To  pay  the  salaries  of  the  ordnance  officers.'  allowed  by  law,  and 
the  laborers  employed  therein,  including  the  pay  of  the  ordnance  ser- 
geant at  the  Virginia  military  institute,  and  charges  for  rent  and  fuel, 
and  for  purchase  and  transportation  of  supplies,  and  for  transporta- 
tion of  arm 8  collected  and  distributed,  one  hundred  thousand  dollars. 

To  pay  brigade  inspectors,  adjutants,  clerks  of  regimental  courts', 
musicians,  and  other  lawful  charges  of  the  militia  establishment,  five 
thousand  dollars. 

To  pay  expenses  chargeable  to  the  military  contingent  fund,  fifty 
thousand  dollars. 

To  pay  salaries  and  allowances  of  naval  officers  on  the  retired  list; 
seven  thousand  five  hundred  dollars. 

To  pay  military  expenses,  to  be  allowed  and  certified  by  the  audit- 
ing board,  one  thousand  dollars.  • 


APPROPRIATIONS.  V 

To  pay  pensions  allowed  by  law  for  military  services,  four  hundred  Pensions 
and  thirty-two  dollars. 

Annuities  and  similar  Claims. 

To  the  Central  lunatic  asylum,  to  pay  salaries  of  officers,  nurses,  Central  inaats» 
(transportation  of  patients,  and  all  other  incidental  expenses  for  sup-  asylnm 
port  of  patients  confined  therein,  one  hundred  and  fifty-two  thousand 
dollars;  and  in  addition  thereto,  whatever  sum  may  have  been  paid 
into  the  treasury  arising  from  the  pay  patient  fund. 

To  pay  expenses  of  lunatics  confined  in  jail,  or  supported  out  of  Lunatics  ia  ja*: 
jail,  by  contract,  in  pursuance  of  law,  and  with  which  the  state  is 
chargeable,  thirty  thousand  dollars. 

To  pay  annuity  to  the  Virginia  military  institute,  thirteen  thou-  Virginia  military 
sand  five  hundred  dollars.  institute 

To  pay  the  annuity  allowed  by  law  to  the  institution  for  the  deaf,  Deaf,  dumb  and 
dumb  and  blind,  fifty  thousand  dollars.  bUBd 

Criminal  Charges. 

To  pay  for  the  arrest  and  support  of  prisoners,  pay  of  jurors,  wit-  Criminal  charges 
messes  and  other  charges  allowed  by  law,  five  hundred  and  fifty 
thousand  dollars. 

To  pay  the  salaries  of  the  superintendent,  surgeon  and  other  offi-  Penitentiary 
eers  of  the  penitentiary,  and  allowances  to  the  interior  guard  thereof; 
to  purchase  supplies,  clothing,  subsistence  and  support  of  convicts ; 
to  pay  sheriffs  and  other  officers  for  the  transportation  of  convicts  to 
the  penitentiary,  and  all  other  incidental  expenses  attending  the 
management  of  said  institution,  allowed  by  law,  one  hundred  thou- 
sand dollars ;  and  to  pay  in  addition  thereto,  all  sums  necessary  to 
carry  on  said  penitentiary,  which  may  have  been  paid  into  the  trea- 
sury by  the  superintendent. 

To  pay  for  slaves  condemned  and  executed,  or  sentenced  to  oir  Slaves  condemn 
reprieved  for  sale  and  transportation,  eighty  thousand  dollars.  ed-  &c 

To  pay  expenses  of  bringing  condemned  slaves  to  penitentiary,  Transportation 
two  thousand  dollars. 

2.  Be  it  further  enacted,  that  so  much  of  the  public  revenue  as  General  fund, 
may  be  received  into  the  public  treasury  after  the  thirtieth  day  of low  <»»»tit»«('* 
September  eighteen  hundred  and  sixty-four,  and  the  surplus  of  all. 

other  appropriations  made  prior  to  that  date,  unexpended  within  the 
fiscal  year  ending  on  the  last  day  of  September  eighteen  hundred 
and  sixty-four,  and  all  other  moneys  not  otherwise  appropriated  by 
iaw,  shall  constitute  a  general  fund  to  defray  such  expenses  autho- 
rized by  law  as  are  not  herein  particularly  provided  for,  and  to  defray 
the  usual  allowances  to  lunatic  asylums,  and  other  current  expenses 
of  the  commonwealth,  in  the  fiscal  year  which  shall  commence  on  the 
first  day  of  October  eighteen  hundred  and  sixty-four  and  terminate 
on  the  thirtieth  day  of  September  eighteen  hundred  and  sixty-five; 
and  the  auditor  of  public  accounts  is  hereby  authorized  and  required  Duty  .of  auditor 
to  issue  his  warrants  in  the  same  manner  as  if  the  same  had  been 
specifically  mentioned,  subject  to  such  exceptions,  limitations  and  Limitations 
conditions  as  the  general  assembly  have  prescribed,  or  may  deem  it 
proper  to  annex  and  prescribe  by  law:  provided,  that  nothing  in  this 
act  contained  shall  be  so  construed  as  to  authorize  the  auditor  of 
public  accounts  to  issue  his  warrant  or  warrants  in  satisfaction  of 
any  judgment  or  decree  of  any  court  of  law  or  equity  against  the 
commonwealth  for  a  sum  exceeding  three  hundred  dollars,  without  a 
special  appropriation  by  law.  The  payments  of  the  military  insti-  Payments,  hum 
tute,  for  support,  to  the  lunatic  asylums,  for  support  and  transporta-  mado 
tion  of  patients,  and  to  the  institution  for  the  education  of  the  deaf, 
dumb  and  blind,  shall  be  made  one-fourth  in  advance,  on  the  first 
aay  of  October,  one-half  on  the  first  day  of  January  (if  the  visitors 
or  directors  so  require),  and  the  remaining  one-fourth  on  the  first  day 
of  April. 

3.  This  act  shall  be  in  force  from  its  passage.  Commeucfnwat 


8  FINANCIAL. 

Chap.  3. — An  ACT  authorizing  the  Receipt  of  the  Treasury  Notes  of  the 
Confederate  States  in  payment  of  Taxes  and  other  Public.  Dues,  and  regu- 
lating- when  and  how  the  same  shall  be  received. 

Passed  March  2,  1864. 

Wnsi  c'-nfode-  1.  Be  it  enacted  by  the  general  assembly,  that  the  non-interest 
rate  treasury  bearing  treasury  notes  of  the  Confederate  States,  issued  after  the  first 
in  payment  of 8  day  of  April  eighteen  hundred  and  sixty-four,  shall  be  received  in 
taxes  payment  of  taxes  and  other  public  dues,  and  the  non-interest  bear- 

Mtor8toaBtApril  ™8  notes  0I#  tue  Confederate  States,  issued  prior  to  the  first  day  of 
April  eighteen  hundred  and  sixty-four,  except  the  notes  of  the  de- 
nomination of  one  hundred  dollars,  shall  in  like  manner  be  received 
in  payment  of  taxes  and  other  public  dues,  after  the  first  day  of  April 
eighteen  hundred  and  sixty-four,  and  until  the  tenth  of  December 
Biscmmt  eighteen  hundred  and  sixty-four,  but  only  at  the  rate  of  sixty-six  and 

thereon  two-thirds  cents  for  one  dollar  of  such  notes.     No  sheriff  or  other 

treasury u  '  collecting  officer  shall  have  credit  for  the  notes  issued  prior  to  the 
first  day  of  April  eighteen  hundred  and  sixty-four,  collected  by  Mm, 
unless  be  shall  pay  the  same  into  the  treasury  on  or  before  the  twen- 
ty-fifth day  of  December  eighteen  hundred  and  sixty-four.  Notes 
of  a  less  denomination  than  five  dollars,  issued  by  said  Confederate 
States,  shall  be  received  without  abatement  at  any  time. 
Koteg  issued  2.    It  shall  be  lawful  for  sheriffs  and  other  collecting  officers  of 

prior  to  1st  taxes  and  other  public  dues  to  receive,  without  abatement,  until  the 
rJ>Jiv8d°W  "rs*  day  of  April  eighteen  hundred  and  sixty-four,  the  non- interest 

bearing  treasury  notes  of  the  Confederate  States,  issued  prior  to  the 
first  day  of  April  eighteen  hundred  and  sixty-four,  in  payment  of 
taxes  and  other  public  dues  due  prior  to  the.  first  day  of  April  eigh- 
wuen  to  be  paid  teen  hundred  and  sixty-four.      But  no  sheriff  or   other   collecting 
ia  officer  shall  receive  credit,  unless  he  shall  pay  the  same  into  the 

treasury  on  or  before  the  twenty- fifth  day  of  June  eighteen  hundred 
Oath  of  officer    and  sixty-four,  nor  until  he  shall  make  oath  that  the  notes  offered  in 
payment  by  him  were    severally  and  actually  received  by  him  in 
payment  of  taxes  and  other  public  dues,  at  the  times  and  rates  spe- 
cified in  this  act. 
3Jotes  of  the  de-      3.    The  non  -interest  bearing  treasury  notes  of  the  Confederate 
nomination  of     States  of  the  denomination  of  five  dollars,  issued  prior  to  the  first  day 
of  April  eighteen  hundred  and  sixty-four,  may  be  received  without 
abatement  in  payment  of  taxes  and  other  public  dues  until  the  tenth 
when  to  be  paid  day  of  June  eighteen  hundred  and  sixty-four:   provided  the  same 
to  shall  be  paid  into  the  treasury  on  or  before  the  twenty-fifth  day  of 

June  eighteen  hundred  and  sixty-four. 
Act  of  Sept.  4.    The  act  passed  September  fourteenth,  eighteen  hundred  and 

14th  repealed      sixty-three,  entitled  an  act  amending  and  re-enacting-  the  one  hun- 
dred and  ninth  section  of  an  act  entitled  an  act  imposing  taxe3  for 
the  support  of  government,  passed  March  twenty- eighth,  eighteen 
hundred  and  sixty-three,  is  hereby  repealed. 
Act  to  be  pub-        5.    It  shall  be  the  duty  of  the  keeper  of  the  rolls  to  cause  this  act 
Usked  to  be  published  immediately  after  its  passage,  in  at  least  five  news- 

papers published  in  Richmond,  for  a  period  of  four  weeks. 
Commencement       6.    This  act  shall  be  in  force  from  its  passage. 


Chap.  4. — An  ACT  to  authorize  the  Funding  of  certain  Currency  belonging 
to  the  State,  in  Confederate  Bonds,  and  to  authorize  the  Sale  of  such 
Bonds  if  necessary,  and  tu  authorize  the  Conversion  of  other  Notes  into 
other  Issues. 

Passed  March  3,  1864. 

Commission  ap-       1.    Be  it  enacted  by  the  general  assembly,  that  the  governor,  trea- 
poinu-d  surer  and  auditor  of  public  accounts  be  and  they  are  hereby  autho- 

rized, in  their  discretion,  a  majority  of  them  concurring  therein,  to 
fund,  at  any  time  before  the  first  day  of  January  eighteen  hundred 


TRANSFER    OF   STATE    BONDS.  9 

and  sixty-five,  any  or  all  of  the  treasury  notes  of  the  Confederate 
States  now  owned  by  the  state,  in  the  six  per  centum  bonds  of  the  Notes,  how 
Confederate  States;  and  in  like  manner  to  fund  in  said  bonds  any  offunded 
such  notes  that  may  be  received,  without  the  abatement  of  the  thirty- 
three  and  one-third  cents,  as  provided  by  the  net  of  the  congress  of 
the  Confederate  States  to  reduce  the  currency,  and  for  other  purposes. 

2.  The  governor,  treasurer  and  auditor  of  public  accounts,  a  ma-  Bonds,  how  sold 
jority  of  them  concurring  therein,  may  sell,  for  treasury  notes  of  the 
confederate  government,  issued  after  the  first  of  April  eighteen  hun- 
dred and  sixty-four,  from  time  to  time,  so  man}''  of  said  bonds  as  may 

be  necessary  to  meet  appropriations  authorized  by  law  and  expenses 
of  government,  and  pay  the  proceeds  of  sale  into  the  treasury.  Any 
sale  of  such  bonds  shall  be  made  at  public  auction,  after  due  notice. 
Brit  no  sale  shall  be  made  for  less  than  the  current  market  value,  and 
no  commissions  shall  be  paid  for  the  sale  of  such  bonds. 

3.  Any  of  said  notes  that  may  be  lawfully  received  with  the  abate-  vrh-n  notes  to 
ment  of  the  thirty-three  and  one- third  per  centum,  shall  be.  converted  Reconverted 
by  the  treasurer  and  auditor  qf  public  accounts  into  the  issues  of 
treasury  notes  of  the  Confederate   States,  issued   after  the  first  of 

April  eighteen  hundred  and  sixty-four,  as  authorized  by  act  of  Con- 
gress. 

4.  It  shall  be  the  duty  of  the  governor,  treasurer  and  auditor  of  report  of  pro- 
public  accounts  to  report  their  proceedings  under  this  act  to  the  ceedings 
general  assembly. 

5.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  5. — An  ACT  to  authorize  the  Transfer  of  certain  Bonds  of  the  State, 
held  in  trust  by  the  Government  of  the  United  States  for  the  Cherokee 
Tribe  of  Indians,  and  providing-  for  the  Payment  of  Interest  thereon. 
Passed  February  9,  1864. 

Whereas  it  is  represented  to  the  general  assembly,  by  the  com-  preamble 
missioner  of  Indian  affairs  of  the  Confederate  States  of  America, 
that  the  secretary  of  the  interior  of  the  United  States  government 
holds,  in  trust  for  the  Cherokee  tribe  of  Indians,  the  sum  of  ninety 
thousand  dollars  of  the  registered  bonds  of  this  state,  upon  whicli  six- 
teen thousand  two  hundred  dollars  interest  is  now  due  :  And  it  is  fur- 
ther represented,  that  in  the  war  now  pending  between  the  govern- 
ments of  the  United  States  and  of  the  Confederate  States,  the  said 
tribe  of  Indians  have  united  themselves  with  the  confederate  govern- 
ment; and  that  government  having  assumed  the  "protectorate  of 
the  several  nations  and  tribes  of  Indians  occupying  the  territory  west 
of  Arkansas  and  Missouri,  south  of  Kansas,  north  of  Texas  and  east 
of  Texas  and  New  Mexico,"  embracing  the  country  inhabited  by  the 
said  tribe  of  Cherokees;  and  the  said  commissioner  of  Indian  affairs 
having  Applied  to  this  general  assembly  for  the  payment  of  the  said 
interest  now  due,  and  to  become  due  hereafter  :  Therefore, 

1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Bonds,  how 
second  auditor  be  and  he  is  hereby  required  to  transfer  on  the  books  transferred 
of  his  office  the  said  sum  of  ninety  thousand  dollars,  standing  in  the  * 
name  of  the  secretary  of  the  interior  of  the  United  States,  to  the 
secretary  of  the  treasury  of  the  Confederate  States,  to  be  held  by 
said  secretary  in  trust  for  said  tribe  of  Cherokee  Indians,  as  provided 
by  the  treaty  entered  into  by  the  authorities  of  said  confederate 
government  and  of  said  tribe  of  Cherokee  Indians;  and  thereupon  Certificates  can- 
the  certificates  of  the  registered  bonds  of  this  commonwealth,  held  Cfcled 
by  the  said  secretary  of  the  interior  of  the  United  States,  shall  be 
deemed  to  be  canceled  and  be  void,  and  all  payment  of  any  interest 
due  thereon,  or  to  become  due  hereafter,  shall  be  illegal.     And  it  xew  certificates, 
shall  be  the  duty  of  the  said  auditor  to  issue  like  certificates  of  the  how  issued 
registered  debt  of' this  state  for  the  full  amount  so  held  by  the  said 


10 


SALT. 


Interest,  how 
paid 


Principal  and 

interest 


Commencement 


secretary  of  the  interior  of  the  United  States,  to  the  said  secretary 
of  the  treasury  of  the  Confederate  States,  to  be  held  by  him  in  trust 
for  said  Cherokee  tribe  of  Indians,  the  said  certificates  of  debt,  bear- 
ing date  on  the  first  day  of  January  eighteen  hundred  and  sixty-one. 
And  the  commissioners  of  the  sinking  fund  of  the  state  shall  direct 
the  said  auditor  to  pay  to  said  secretary  of  the  treasury  the  semi- 
annual installments  of  interest  due  thereon  the  first  day  of  July 
eighteen  hundred  and  sixty-one  ;•  the  first  day  of  January  eighteen 
hundred  and  sixty-two ;  the  first  day  of  July  eighteen  hundred  and 
sixty-two ;  the  first  day  of  January  eighteen  hundred  and  sixty- 
three  ;  the  first  day  of  July  eighteen  hundred  and  sixt}"-three,  and 
the  first  day  of  January  eighteen  hundred  and  sixty-four,  and  that 
may  hereafter  accrue ;  to  be  disbursed  according  to  the  trust  reposed 
in  him ;  and  thereafter  to  pay  the  principal  and  interest  which  may 
become  due  on  said  certificates  of  debt,  as  is  now  or  may  be  here- 
after prescribed  for  the  payment  of  interest  on  the  state  debt. 

2.  This  act  shall  be  in  force  as  soon  as  the  proper  authorities  of 
the  Confederate  States  shall  file  with  the  second  auditor  an  obliga- 
tion, approved  by  the  commissioners  of  the  sinking  fund,  to  indem- 
nify the  commonwealth  against  any  loss  or  liability  incurred  by  rea- 
son of  this  act. 


Impressment 
authorized 


Time  for  whit 
property  is  to 
.he  held 


Slaves,  <fcc 


Chap.  6. — An  ACT  to  authorize  the  Impressment  of  certain  Salt  Wells, 

Furnaces  and  other  Property. 

Passed  March  8,  1864. 

I .  Be  it  enacted  by  the  general  assembly,  that  the  superintendent 
of  salt  works,  under  the  control  of  the  board  of  supervisors,  do  pro- 
ceed forthwith  to  impress  and  take  possession  of  the  three  double 
furnaces  at  Saltville,  known  as  the  "  Charles  Scott  furnaces,"  with 
the  fixtures,  equipments  and  implements  used  in  connection  with  said 
furnaces,  and  all  appurtenances  to  the  same  belonging;  and  also 
such  sources  of  supply  of  fresh  water  as  may  be  necessary  and  con- 
venient in  the  manufacture  of  salt  on  said  furnaces,  together  with  all 
fixtures,  conduits,  rights  of  way  and  appurtenances  incidental  or  per- 
taining thereto,  and  hold  the  same  for  the  public  use  until  the  eighth 
day  of  June  eighteen  hundred  and  sixty-five;  and  also  for  the  like 
use,  to  impress,  take  possession  of  and  hold,  until  the  said  eighth  day 
of  June  eighteen  hundred  and  sixty-five,  the  salt  well  known  as  the 
"  Preston  well,"  and  all  fixtures,  engines,  equipments,  implements 
and  conduits  used  in  procuring  a  supply  of  salt  water  from  said  well,, 
and  conducting  the  same  to  the  said  furnaces  ;  and  also  such  slaves, 
wagons,  harness,  horses  and  mules,  sacks,  provisions  and  supplies, 
forage,  wood  and  other  personal  property  provided,  used  in  operating 
said  furnaces  and  well,  as  shall  be  necessary  or  needful  for  success- 
Dweiiipg houses  fully  operating  the  same;  and  also  for  the  like  use,  to  impress,  take 
&c  possession  of  and  hold,  until  the  eighth  day  of  June  eighteen  hun- 

dred and  sixty-five,  the  dwelling  house  recently  occupied  by  Williams 
and  Leonard;  the  dwelling  house  at  the  river  works  now  occupied  by 
John  N.  Clarkson ;  such  negro  houses,  store  houses,  wood  yards, 
stables  and  appurtenances,  and  good  and  convenient  access  to  and 
from  the  premises,  as  may  be  necessary  and  convenient  for  the  proper 
working  of  said  furnaces,  and  the  conduct  of  the  business  of  manu- 
Land  factoring  and  distributing  salt  among  the  people ;  also  such  meadow 

and  other  land  in  the  vicinity  of  said  furnaces  as  may  afford  proper 
facilities  for  the  grazing  of  the  mules,  horses  and  stock  used  in  con- 
ducting said  business,  and  for  the  rearing  of  vegetables  for  the  slaves 
and  employees  of  the.  state :  the  said  houses,  offices,  stables,  lands 
and  ways  to  be  specified  by  the  board  of  supervisors. 
Furnaces  now  2.  That  the  superintendent,  under  the  like  control  of  the  board  of 
i.-nsed  to  be  im-   supervisors,  do  impress,  prior  to  the  eighth  day  of  June  eighteen 


SALT.  1 1 

hundred  and  sixty-four,  and  continue  the  possession  of,  from  and  after 
that  date,  and  hold  for  the  public  use,  until  the  eighth  day  of  June 
eighteen  hundred  and  sixty-five,  all  the  furnaces  now  leased  and  held 
by  the  state,  except  that  operated  by  Thomas  R.  Friend,  together 
with  the  fixtures,  equipments  and  implements  used  in  connection  with 
said  furnaces,  together  with  all  blocking  water  furnaces,  and  other  ah  aprurte- 
appurtenances  to  the  same  belonging;  and  also  such  sources  of  sup-  nanceg 
plv  of  fresh  water  as  may  be  necessary  and  convenient  in  the  manu- 
facture of  salt  on  said  furnaces,  together  with  all  fixtures,  conduits, 
rights  of  way  and  appurtenances  incidental  or  pertaining  thereto  ; 
also  so  much  of  the  salt  water  necessary  to  be  supplied  by  other  salt 
wells  than  the  Preston  well  aforesaid,  as  may  be  sufficient  to  keep 
the  said  furnaces  in  continued  operation  to  their  full  boiling  capacity  ; 
said  supply  to  be  furnished  in  the  cisterns  of  the  said  furnaces  re- 
spectively, by  the  proprietors  of  said  salt  wells,  prior,  to  any  other  fur- 
naces operated  by  any  party  whatsoever :  and  in  case  of  failure  of  the  Salt  well* 
supply  of  brine  to  said  furnaces  (which  is  to  be  determined  by  the 
board  of  supervisors),  the  superintendent,  under  the  direction  and 
control  of  the  board  of  supervisors,  shall  take  possession  of  the  salt 
wells  from  which  said  furnaces  derive  their  salt  water,  their  fixtures, 
engines  and  equipments,  conduits  and  appurtenances,  and  operate 
the  same  to  the  best  advantage ;  and  shall,  after  supplying  the  said 
furnaces  with  salt  water  sufficient  to  keep  them  in  continued  opera- 
tion to  their  full  boiling  capacity,  permit  the  remainder  of  the  salt 
water  to  flow  to  such  furnaces  as  the  proprietors  may  direct. 

3.   That  for  the  purpose  of  ascertaining  a  just  compensation  for  Compensation, 
the  property  and  privileges  impressed  in  pursuance  of  the  foregoing  how  ascertained 
sections  of  this  act,  the  board  of  supervisors  shall  appoint  one  as-  Assessor*  as- 
sessor, and  the  owner  or  owners  another  assessor;  and  in  case  they  pomted 
fail  so  to  do,  or  for  any  cause  the  assessor  appointed  by  them  fail  to 
attend  and  enter  upon  the  duties  imposed  upon  him,  the  board  of  su- 
pervisors shall  appoint  such  other  assessor;  and  the  two  so  appointed 
shall  select  a  third  assessor :  and  if  any  of  said  assessors  should  die 
or  fail  from  any  cause  to  render  an  award,  another  board  of  assessors, 
consisting  of  persons  to  be  appointed  in  like  manner,  shall  be  con- 
vened ;  and  said  assessors,  after  being  duly  sworn  faithfully  to  discharge  Award 
the  duties  required  of  them  under  this  act,  shall,  by-coucurrenee  or 
agreement  of  a  majority  of  them,  ascertain  what  will  be  a  just  com- 
pensation for  the  property,  rights  and  privileges  impressed  in  pursu- 
ance of  the  foregoing  provisions  of  this  act,  and  make  report  thereof  Report  of  na 
in  writing  to  the  governor,  to  be  filed  by  him  in  the  office  of  the  stssors 
secretary  of  the  commonwealth;  and  a  copy  thereof  shall  be  for- 
warded by  the  secretary  of  the  commonwealth  to  the  owner  or  owners 
and  the  said  board  of  supervisors;  and  thereupon  the  superintendent  Possession 
shall  take  possession  of  the  property  so  assessed;  aud  unless  such 
owner  or  owners  or  the  board  of  supervisors  shall,  within  thirty  days 
after  such  copy  shall  be  delivered  to  them,  refuse  by  written  objec- 
tions to  accept  the  same,  such  assessment  shall  be  deemed  final.     If  Appeal 
the  board  of  supervisors  of  salt,  on  behalf  of  the  state,  or  any  such 
owner  or  owners,  within  the  said  thirty  days  after  such  a  copy  shall 
have  been  delivered  to  them,  refuse,  by  written  objections  filed  with 
the  secretary  of  the  commonwealth,  and  in  the  office  of  the  circuit 
court  of  the  city  of  Richmond,  an  appeal  shall  lie  from  such  assess- 
ment to  said  circuit  court;  aud  the  proceeding  thereon  in  said  court 
shall  be  according  to  the  provisions  of  chapter  fifty-six  of  the  Code 
of  Virginia,  so  far  as  the  same  are  applicable  thereto,  except  that 
the  commonwealth  shall  not  be  required  to  pay  the  compensation  to 
the  parties  entitled  thereto,  nor  into  court,  before  the  decision  of  the 
appeal.  •  No  order  shall  be  made,  nor  any  injunction  awarded  by  any  injunction  v»t 
court  or  judge,  to  stay  any  proceedings  authorized  by  this  act.  '  The  p^^Iess!™ 
said  assessors  shall  be  paid  each  the  sum  of  ten  dollars  per  day  and    ay  ° 
actual  expenses  in  traveling;    to  be  paid  out  of  the  public  treasury, 
by  warrants  to  be  issued  upon  the  orders  of  the  board  of  supervisors. 


12 


SALT. 


Powers  con- 
ferred by  act  of 
30th  March  1863 


Duty  of  gover- 
nor to  enforce 
imprtb8ment8 


P'-werB  of  net  of 
1W53  conferred 


Transportation 


Transportation 

[rum  otlver  roads 


Salt  to  army  of 
the  Confederate 
States 

.Appropriation 


CNOimeneement 


4-  That  in  addition  to  the  powers  conferred  on  said  superintendent 
by  virtue  of  the  act  passed  March  thirtieth,  eighteen  hundred  and 
sixty-three,  entitled  an  act  to  provide  for  the  production  and  distribu- 
tion of  salt,  he  is  hereby  empowered  to  impress,  under  the  control  of 
the  board  of  supervisors,  standing  wood,  in  case  he  be  unable  to 
agree  with  the  owner  thereof  upon  the  prices  to  be  paid  therefor; 
and  the  mods  of  ascertaining  the  value  thereof,  and  of  payment 
therefor,  shall  be  the  same  as  that  provided  in  said  act  of  thirtieth 
of  March  eighteen  hundred  and  sixty-three:  provided,  however,  that 
in  making  such  impressments  there  shall  be  left  on  each  farm  at  least 
one-fifth  of  the  whole  number  of  acres  in  the  tract,  in  standing  tim- 
ber of  average  quality  and  value. 

5.  That  it  shall  be  the  duty  of  the  governor  of  this  commonwealth 
to  enforce  any  impressment  authorized  to  be  made  by  the  provisions 
of  this  act,  and  of  the  said  act  of  thirtieth  of  March  eighteen  hun- 
dred and  sixty-three,  with  the  power  of  the  county,  and  to  place  the 
said  superintendent,  or  his  duly  authorized  agent,  in  possession  of 
the  property  so  impressed  ;  and  it  shall  be  lawful  for  said  superin- 
tendent to  make  the  impressments  authorized  by  this  act,  through 
his  agent  duly  constituted  for  that  purpose. 

6.  That  all  the  duties  imposed  and  powers  conferred  upon  the  said 
superintendent  and  upon  the  board  of  supervisors  over  the  property, 
rights 'and  franchises  of  every  kind  specified  in  the  act  passed  March 
the  thirtieth,  eighteen  hundred  and  sixt3r-three,  entitled  an  act  to  pro- 
vide for  the  production  and  distribution  of  salt,  be,  and  are  hereby 
imposed  and  conferred  upon  said  superintendent  and  board  of  super- 
visors over  the  property,  rights  and  franchises  of  every  kind  that 
may  be  acquired  for  the  use  of  the  state  by  virtue  of  the  provisions 
of  this  act,  or  any  future  act;  and  said  superintendent,  under  the 
control  of  the  board  of  supervisors,  shall  have  like  control  of  trans- 
portation on  the  several  rail  roads  in  the  commonwealth,  for  the  con- 
veyance of  supplies  and  distribution  of  salt,  as  is  specified  in  the  said 
act  of  thirtieth  of  March  eighteen  hundred  and  sixty-three. 

7.  The  board  of  supervisors  shall  have  plenary  power,  at  their 
discretion,  to  procure  transportation  from  other  roads,  by  hiring  en- 
gines or  cars,  and  placing  them  on  the  Virginia  and  Tennessee  rail 
road,  and  using  the  same  for  transportation  of  salt,  or  of  wood  for 
the  manufacture  of  salt. 

8.  The  board  of  supervisors  are  hereby  authorized  to  supply  salt 
to  the  army  of  the  Confederate  States  on  such  terms  as  may  be  agreed 
upon  between  the  secretary  of  war  and  said  board. 

9.  The  sum  of  two  millions  of  dollars  is  hereby  appropriated  to 
carry  into  effect  the  provisions  of  this  act;  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated;  and  such  addi- 
tional sums  are  hereby  appropriated  as  may  be  paid  into  the  treasury 
from  time  to  time  from  the  proceeds  of  the  sale  of  salt,  or  so  much 
thereof  as  may  be  necessary  for  the  purposes  of  this  act. 

10.  "This  act  shall  be  in  force  from  its  passage. 


Act  of  1863 
amended 


Chap.  7. — An  ACT  to  amend  the  fifth  section  of  the  act  to  provide  for  tbe 

Production  and  Distribution  of  Salt,  passed  March  30th,  1863. 

Passed  March  10,  1864. 

1.    Be  it  enacted  by  the  general  assembly,  that  the  fifth  section  of 
an  act  passed  March  thirtieth,  eighteen  hundred  and  sixty-three,  en- 
titled an  act  to  provide  for  the  production  and  distribution  of  salt,  be 
amended  and  re-enacted  so  as  to  read  as  follows: 
Powers  of  „uper-      "§  5.    The  superintendent  shall  have  power  to  appoint,  and  re- 
intendent  move  at  Ins  discretion,  the  following  assistants,  to  wit :  two  deputy 

managers,  at  a  salary  of  thirty- five  hundred  dollars  each;  two  clerks, 
at  a  salary  of  three  thousand  dollars  each :  one  shipping  clerk,  at  a 


SALT,  IS 

salary 'of  twenty-five  hundred  dollars;  one  clerk  to  issue  supplies,  at 

a  salary  of  twenty-five  hundred  dollars.     No  officer  or  clerk  created  No  officer  or 

by  this  act  shall  be  engaged  directly  or  indirectly  in  the  purchase  or  c!erk  toP»r-    " 

J,        r       i     f  oo  J  J  i  chase  or  sell  salt 

sale  or  salt  for  any  purpose  whatever  other  than  hsr  the  state;  and  in  what .funds 
the  said  officers  and  clerks  shall  be  paid  in  such  funds  as  are  receiva-  to  ba  paid 
ble  in  payment  of  public  dues.     Any  violation  of  this  provision  shall  Penalty 
lead  to  the  immediate  dismissal  of  the  officer  or  clerk  so  violating  it." 

2.  Be  it  further  enacted,  that  the  eleventh  section  of  the  act  passed  Act  of  1863 
March  thirtieth,  eighteen  hundred  and  sixty-three,  entitled  an  act  to  amended 
provide  for  the  production  and  distribution  of  salt,  as  amended  by 

the  act  passed  September  eighteen,  eighteen  hundred  and  sixty-three, 
entitled  an  act  amending  and  re-enacting  the  sixth  and  eleventh  sec- 
tions, &c,  and  as  further  amended  by  the  act  passed  October  thir- 
tieth, eighteen  hundred  and  sixty-three,  entitled  an  act  to  amend  and 
re-enact  the  eleventh  section,  &c,  be  amended  and  re-enacted  so  as 
to  read  as  follows  : 

"  The  salt  so"  manufactured  shall  be  sold  at  cost,  for  cash,  and  be  Salt,  how  bom 
distributed  to  the  different  counties;  cities  and  towns,  through  duly  and  distributed 
accredited  agents,  to  be  appointed  by  the  county  and  corporation 
courts  respectively,  or  where  said  courts  cannot  meet  because  of  the 
presence  or  proximity  of  the  public  enemy,  by  the  board  of  supervi- 
sors, on  the  recommendation  of  any  three  or  more  justices  of  said 
county,  or  of  the  senator  and  delegate-or  delegates  representing  such 
county  in  the  general  assembly  ;  and  in  order  to  do  so,  it  shall  be  the  Duty  of  sup-r 
duly  of  the  board  of  supervisors  from  time  to  time  to  ascertain  as  Tls01's 
near  as  may  be  the  actual  cost  of  production  and  distribution,  and 
fix  the  price  accordingly,  so  as  to  cover  such  entire  cost.     But  no  Bond 
agent  of  any  county  or  corporation,  hereafter  appointed,  shall  be  en- 
titled to  act  as  such  until  he  shall  have  given  bond,  with  sufficient 
sureties,  in  the  penalty  of  not  less  than  ten  thousand  nor  more  than 
thirty  thousand  dollars,  conditioned  for  the  faithful  distribution  of  the 
salt  received  by  him,  among  the  people  of  his  county  or  corporation. 
Said  bonds  shall  be  taken  by  the  said  courts  when  the  appointments  By  whom  taken 
are  made  by  them ;  and  in  all  other  cases,  by  the  board  of  supervi- 
sors ;  and  such  agents  shall  distribute  to  refugees,  and  to  persons 
temporarily  sojourning  in  their  counties,  cities  and  towns,  as  well  as 
to  permanent   citizens   thereof:    provided,   however,   that   the   said  Proviso 
courts  and  the  said  board  shall  respectiyely  have  power  to  revoke  any 
appointment  of  agent  heretofore  or  hereafter  made  by  them,  when- 
ever they  deem  it  proper  to  do  so;  and  shall  in  like  manner  appoint 
another  agent  in  place  of  the  one  so  removed  :  provided,  that  it  shall  Proviso 
not  be  lawful"  for  any  county  or  corporation  court,  or  its  agent,  in  any 
way  to  dispose  of  any  salt,  received  for  distribution,  otherwise  than 
by  distributing  the  same  among  the  citizens  of  such  county  or  corpo- 
ration, according  to  the  provisions  of  this  act,  except  in  cases  when, 
in  the  opinion  of  the  said  court  or  agent,  it  shall  be  necessary  to 
dispose  otherwise  of  the  salt  to  prevent  its  falling  into  the  hands  of 
the  public  enemy,  or  where  it  may  be  impossible  to  distribute  the 
salt  among  the  people  of  the  county." 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chaf.  8. — An  ACT  imposing-  Fines  on  Agents  for  failing  to  deliver  Salt 

to  persons  entitled  thereto. 

Passed  February  25,  1864. 

1.    Be  it  enacted  by  the  general  assembly,  that  if  any  agent  hav-  Fine  for  failure 
ing  in  his  hands  salt  for  distribution,  by  virtue  of  the  several  acts  t0  deUver8ait 
passed  for  the  production  and  distribution  of  salt  in  this  common- 
wealth, shall  fail  or  refuse,  when  applied  to,  within  the  period  fixed 
for  delivery  by  said  agent,  to  deliver  to  any  person  entitled  thereto, 
the  quantity  such  person  has  the  right  to  demand,  upon  tendering  in 


3  4  PENITENTIARY. 

currency  the  price  thereof,  shall  be  fined  twenty  dollars,  to  the  use 
of  the  party  injured;  to  be  recovered  by  indictment,  presentment  or 
information,  or  upon  ten  days'  notice  before  any  court  of  record 
having  jurisdiction  thereof,  or  by  warrant  before  a  justice  of  the 
peace;  and  upon  conviction  thereof,  shall  be  removed  from  office,  and 
another  appointed  in  his  place,  in  the  manner  prescribed  by  law. 

iProvieo  2.   Provided,  however,  that  the  agent  shall  not  be  liable  to  the 

penalties  of  this  act,  if  the  failure  to  deliver  the  salt  is  caused  by  no 
neglect  or  fault  on  his  part;  and  the  currency  hereby  authorized  to 
be  tendered  shall  be  the  same  received  in  payment  of  public  dues  to 
the  state,  and  shall  be  received  upon  the  terms  such  currency  may  at 
the  time  be  received  for  public  dues. 

Commencement      3.   This  act  shall  be  in  force  from  the  passage  thereof. 


ClLSP.  9. — An  ACT  amending  and  re-enacting  chapter  213  of  the  Code  of 

Virginia,  reorganizing  the  Penitentiary. 

Passed  January  14,  1864. 

Be  it  enacted  by  the  general  assembly,  that  chapter  two  hundred 
and  thirteen  of  the  Code  of  Virginia  be  amended  and  re-enacted  so 
as  to  read  as  follows  : 
Property  at-  1.    The  lot  of  twelve  acres  and  fourteen  square  rods  of  land,  on 

tacbed  to  peni-    which  the  penitentiary  is  situated,  and  the  lot  numbered  seven  hun- 
eu  iary  dred  and  twenty-nine,  being  one-fourth  of  a  square  in  the  city  of 

Richmond,  between  the  southwest  end  of  First  street  and  the  eastern 
boundary  of  the  land  aforesaid,  and  the  square  of  land  between 
Gary  and  Main  and  Jefferson  and  Madison  streets,  containing  the 
penitentiary  springs,  with  the  pipes  and  fixtures  for  conveying  water 
to  that  institution,  shall  be  and  remain  the  property  of  the  common- 
wealth, for  the  use  of  the  said  penitentiary,  and  shall  be  under  the 
»o  whose  cna-  control  of  the  superintendent  of  the  penitentiary.  The  superin- 
lody  tendent  shall  have  the  custody  of  the  property  of  the  penitentiary, 

real,  personal  and  mixed,  and  he  shall,  in  the  name  of  the  common- 
wealth, have  authority  to  institute  and  prosecute  any  suit,  prosecu- 
tion or  proceeding  for  the  recovery  of  any  such  property,  or  its  value, 
or  for  any  injury  thereto,  which  may  be  proper  to  protect  the  rights 
When  printers  of  the  state.     He  shall  have  authority  to  employ  the  prisoners  in  im- 

to  be  employed  proving  and  cultivating:  any  part  of  the  lands  aforesaid,  or  in  repair- 
out  of  the  peni-    f       ,,   °        ,  ..-i^i  4.1  if  ,i 

teutiary  mg  the  water  pipes  avid  fixtures,  or  the  roads  from  the  penitentiary 

to  proper  points  of  intersection  with  the  streets,  or  in  taking  out  or 

bringing  into  the  enclosure  any  necessary  thing  to  or  from  the  said 

city  or  James  river  canal. 

penitentiary  2.    The  public  jail  and  penitentiary  house  shall  continue  under  the 

continued  name  of  "  the  penitentiary,"  to  be  appropriated  to  the  confinement 

of  convicts  sentenced,  according  to  law,  to  confinement  therein  by 

Confederate        the  courts  of  this  commonwealth.     Persons  sentenced  to  imprison- 

States  prisoners  ment  by  a  court  of  the  Confederate  States  held  in  Virginia,  for  a 

may  be  confined  ,.J  ,  ,        ,  „       ,  ,,  v       P  .,,     ,, 

therein  term  ot  three  years  or  more,  may  also  be  confined  therein,  with  the 

approbation- of  the  superintendent  and  the  governor,  and  be  safely 
kept  and  employed,  pursuant  to  the  rules  of  the  prison,  so  far  as  it  is 
not  inconsistent  with  such  sentence,  until  discharged  by  due  course 

Proviso  of  the  laws  of  the  Confederate  States:  provided,  that  before  any 

other  such  prisoners  shall  be  received  in  said  penitentiary,  the  Con- 
federate States  shall  pay  the  sums  now  due,  or  which  shall  be  due 
for  the  confinement  and  support  of  their  prisoners,  and  in  future,  pay 
half-yearly,  at  the  rate  of  one  dollar  and  twenty-five  cents  per  day, 

Commute*  of      f°r  the  imprisonment  and  support  of  every  such  prisoner  now  in 

legislature  to  ex- prison,  or  hereafter  so   imprisoned,  with   proper  medical   charges. 

nTnanTreport    Annually  its  condition  shall  be  examined  and  reported  on  by  a  com- 

smuaiiy  mittee  of  the  general  assembly. 


PENITENTIARY.  15 

3.  The  governor  may  from  time  to  time  prescribe  rules,  not  con-  Governor  to 
trary  to  law,  for  the  preservation  of  the  property  at,  and  the  health  Pre!*cribe  rules 
of  the  convicts  in  the  penitentiary,  and  the  government  of  the  inte- 
rior thereof.     Printed  copies  of  such  of  the  said  rules  as  may  relate  Printed  copies  to 
to  the  government  and  punishineut  of  the  convicts,  and  of  any  pi"o-*pV)y°^tedm 
visions  of  law  which  the  governor  may  direct,  shall  be  posted  up  in 

at  least  six  conspicuous  places  of  the  interior.     The  clerk  of  the  Record  of  con- 
penitentiary  shall  file  and  preserve  the  record  of  the  trial  and  con-  Sster^obeke  t 
viction  of  each  convict,  and  keep  a  register  describing  him,  the  time 
of  his  confinement,  for  what  offence,  and  when  received  into  the 
institution. 

4.  When  a  person,  other  than  a  married  woman,  is  sentenced  to  Heal  and  per- 
confinement  in  the  penitentiary  for  more  than  a  year,  the  estate  of  convicwotner 
such  convict,  if  he  have  any,  both  real  and  personal,  shall,  on  the  than  married 
motion  of  a  partv  interested,  be  committed,  by  the  court  of  the  women  to  be 

1  -      f.  u-   u    i  •         j.  *.  i.  ii  c  committed  to  a 

county  or  corporation  in  which  his  estate,  or  some  part  thereof,  may  committee  ap- 
be,  to  a  person  selected  by  the  court,  who,  after  giving  bond  before  pointed  by  the 
the  said  court,  in  such  penalty  as  it  may  prescribe,  shall  have  charge  BoUnd  to  be  given 
of  the  said  estate  until  such  convict  is  discharged  from  confinement.  Penalty 

5.  Such  committee  may  sue  and  be  sued  in  respect  to  the  debts  Committee  may 
due  to  or  by  such  convict,  and  any  other  of  the  convict's  estate,  and  sue  aDd  be  BUed 
shall  have  the  privilege  of  an  administrator  as  to  the  right  of  retain- 
ing for  his  own  debt.     He  shall  allow  (subject  to  the  claims  of  cre- 
ditors) a  sufficient  maintenance  out  of  the  convict's  estate  for  his 

wife  and  family,  if  any;  the  wife  to  be  entitled,  so  long  as  he  is  con- 
fined, to  the  profits  of  such  jiortion  of  his  estate  as  she  would  have, 
had  he  died  intestate. 

6.  The  committee  shall  render  accounts  of  his  trust,  and  may  be  Committee  to 
made  to  account  therefor,  and  shall  be  entitled  to  compensation  for  r^n'lor  accou"ts 
his  services,  and  may  forfeit  his  right  thereto,  in  the  same  manner  as  His  compensa- 
if  he  were  an  administrator  or  guardian.     Every  such  committee  tion 

shall  deliver  such  estate  as  he  may  be  liable  for  at  that  time,  to  the  ^convict onbia 
convict  on  his  discharge,  or  to  his  real  and  personal  representatives,  discharge 
on  his  death  before  being  discharged. 

7.  If  the  person  so  appointed  refuse  the  trust,  or  fail  to  give  bond  if  committee  ap- 
as  aforesaid,  the  court,  on  like  motion,  shall  commit  the  estate  to  the  f^trif  Tf " foil 
sheriff  of  the  county,  or  sergeant  of  the  corporation,  who  shall  be  to  give  bond, 
the  committee,  and  he  and  the  sureties  in  his  official  bond  shall  be  court  t0  commit 
bound  for  the  faithful  performance  of  the  trust.  OT^a*"18 

8.  The  real  estate  of  such  convict  may  be  sold,  when  necessary  when  and  how 
for  the  payment  of  his  debts,  in  the  same  manner  as  the  real  estate  eiii*u'  °f  convict 
of  an  insane  person  in  the  hands  of  a  committee. 

9.  Every  convict,  when  first  brought  to  the  penitentiary,  shall  be  Personal  treat- 
washed,  cleaned  and  kept  in  a  separate  lodging  until  the  surgeon  ment.°.f  new 
certifies  that  he  is  fit  to  be  put  among  the  other  prisoners;  and  the 

clothes  he  wore  shall  be  either  destroyed,  or  purified  and  preserved 
until  he  is  discharged,  and  then  returned  to  him,  or  they  may  be 
disposed  of  as  the  prisoner  may  desire,  with  the  consent  of  the  su- 
perintendent. 

10.  All  money  found  on  the  person  of  a  convict,  and  all  money  How  money  of 
which  may  be  lawfully  and  properly  received  after  his  committal,  shall  convict  to  be 
be  charged  to  the  penitentiary,  and  be  paid  to  him  out  of  the  fund   1>,p08e 

of  the  penitentiary  when  he  shall  be  discharged,  or  for  good  cause, 
in  the  opinion  of  the  superintendent,  may  be  used  for  his  or  her 
benefit.     Before  any  male  prisoner  shall  be  permitted  to  labor  in  the  Convict  required 
shops,  or  elsewhere  out  of  his  room,  he  shall  make  and  subscribe  such  t<Yubscribe 
promise  of  obedience  and  fidelity  to  the  rules  and  orders  of  the  insti- 
tution as  shall  be  prescribed  by  the  governor.     And  it  shall  be  the  How  employed 
dut}'  of  the  superintendent,  as  far  as  practicable,  to  provide  suitable 
employment  in  separate  rooms  for  the  refractory  and  obstinate,  and 
for  those  of  disordered  minds,  or  who  for  any  cause  are  unfit  to  be 
congregated  in  the  shops. 


16 


PENITENTIARY, 


How  Ijopt  and 
clothed 


Ijabor  of  con- 
victs 

Social  inter- 
course 


Accounts  for 
■diet,  how  certi- 
fied 


Washing  and 
whitewashing 


Governor  to 
prescribe  hours 
and  time  of 
labor 

Time  and  condi- 
tions of  visiting 
prison 

When  allowed 
to  walk  or  work 
in  the  yard 

Where  to  be  em- 
ployed on  public 
buildings  and 

grounds 

To  be  locked  in 
cells  on  Sunday 
and  8,t  night 

Punishment  for 

misbehavior 


What  allowed 
prisoners  on  <ii 
charge 

Duties  of  sur- 
ge, on 


Hospital 


11.  The  male  and  female  convicts  shall  be  kept  separate  from 
each  other,  and  the  males  shall  have  their  heads  and  beards  close 
shaven  or  sheared  once  a  fortnight,  or  oftener  if  need  be.  Every 
convict  shall  be  clothed  at  public  expense,  in  a  distinctive  uniform 
for  each  sex,  made  of  coarse  materials. 

12.  The  convicts  shall  be  kept  to  the  hardest  labor  suitable  to  their 
sex  and  fitness,  and  such  of  them  as  -need  it,  instructed  in  some  me- 
chanic art.  Social  intercourse,  conversation  and  acquaintance  be- 
tween the  convicts,  shall  be  prevented  as  far  as  may  be,  and  silence 
constantly  observed  by  them  as  far  as  possible. 

13.  The  convicts  shall  be  fed  on  bread  of  Indian  corn,  or  other 
coarse  bread,  and  have  one  meal  a  day  of  coarse  meat.  The  super- 
intendent may  change  or  regulate  the  diet  for  good  cause.  The  ac- 
count for  purchases  of  diet  for  the  prisoners  shall  be  certified  by  the 
superintendent  to  the  auditor  of  public  accounts  for  payment.  The 
superintendent  may,  when  he  may  deem  it  necessary,  or  the  physi- 
cian shall  so  advise,  change  the  diet,  and  adapt  it  to  the  health  or 
condition  of  the  prisoners,  or  any  of  them,  or  he  may  allow  extra 
diet  to  those  who  need  it.  He  shall  cause  the  hospital  and  all  the 
cells  and  rooms  of  the  prison  to  be  whitewashed  (by  prisoners  quali- 
fied for  the  business)  twice  a  year  or  oftener,  and  the  floors  to  be 
washed  as  often  only  as  may  be  necessary  for  health  and  comfort. 

14.  The  governor  shall  prescribe,  by  rules  and  regulations,  the 
hours  within  which  the  prisoners  shall  be  employed  at  the  respective 
branches  of  business  carried  on  in  the  institution,  and  the  time  they 
shall  labor  on  each  da}T,  and  also  the  times  and  conditions  upon 
which  persons  may  visit  the  interior  of  the  penitentiary. 

15.  The  superintendent  may  allow  the  prisoners,  at  stated  times, 
to  walk,  for  the  benefit  of  their  health,  in  the  grounds  of  the  peni- 
tentiary, and  to  work  therein,  but  in  either  case,  in  the  presence  or 
in  the  view  of  the  superintendent  or  proper  guard.  He  shall,  at  the 
discretion  and  under  the  direction  of  the  governor,  employ  them  at 
Eichmond,  or  within  a  mile  thereof,  in  improving,  repairing  or  work- 
ing on  public  buildings,  grounds  and  property. 

16.  Each  convict  shall  be  locked  up  during  the  night  and  every 
Sunday  (except  to  attend  religious  service),  and  when  the  number  of 
apartments  will  permit,  each  separately,  unless  in  the  hospital. 

17.  A  convict  guilty  of  profanity,  indecent  behavior,  idleness,  ne- 
glect or  willful  mismanagement  of  work,  insubordination,  an  assault 
not  amounting  to  felony,  or  a  violation  of  any  of  the  rules  prescribed 
by  the  governor,  may,  under  the  order  of  the  superintendent,  subject 
to  the  said  rules,  be  punished  by  lower  and  coarser  diet,  the  iron 
mask  or  gag,  solitary  confinement  in  a  cell,  or  the  dungeon,  or  by 
stripes.  Under  such  orders,  and  subject  to  the  said  rules,  the  super- 
intendent may,  where  a  convict  is  charged  with  an  offence  for  which 
he  is  to  be  tried  under  chapter  two  hundred  and  fourteen  or  two  hun- 
dred and  fifteen,  confine  him  in  a  cell  or  dungeon  until  such  trial. 

IS.  The  superintendent,  in  his  discretion,  may  allow  a  convict,  on 
his  discharge,  not  exceeding  thirty  dollars,  and  if  he  needs  it,  a  suit 
of  coarse  clothing. 

19.  The  surgeon  to  the  penitentiary  shall  visit  the  penitentiary 
once  at  least  every  day,  and  oftener  when  there  are  cases  of  sickness 
requiring  it,  or  when  he  is  called  on  to  attend  by  the  superintendent. 
Before  leaving  the  city  of  Richmond  at  any  time,  he  shall  notify  the 
■superintendent  of  his  intention,  and  the  time  he  expects  to  be  absent, 
and*  what  physician  may  be  called  on  to  officiate  for  him  in  his 
absence. 

20.  The  surgeon  shall  render  to  the  convicts  all  surgical  aud 
medical  aid  which  may  be  requisite  .or  may  be  required  by  the  super- 
intendent. 

21.  The  room  now  kept  for  that  purpose  shall  be  continued  to  be 
used  as  a  hospital.     A  sick  convict  shall  be  kept  in  it  when  the  sur- 


PENITENTIARY.  J7 

geon  so  prescribes.     There  shall  be  a  book  in  which  shall  be  entered  Book  kept 
the  name  of  each  convict  put  in  the  hospital,  and  the  time  that  he  the!ein 
goes  in  and  comes  out. 

22.  The  superintendent,  with  one  of  his  assistants,  shall  once  a  Report  nf  couth 
week  visit  the  hospital,  and  the  two  shall- make  a  report  of  the  treat-  ',0"  "f  si"k'  &c 
inent  and  condition  of  the  sick,  and  the  clerk  shall  record  the  same. 

The  annual  report  of  the  superintendent,  shall  show  the  condition  of 
the  health  of  the  convicts.  It  shall  sta,te  the  number  in  the  hospital 
every  month  from  -each  ward,  the  disease  of  each  person  put  in  the 
hospital,  and  the  number  of  deaths  in  each  ward. 

23.  The  governor,  members  of  the  general  assembly,  ministers  of  wi ■■>  allowed  to 
the  gospel  for  performing  religious  services,  and  the  officers  and  others  ™u  !,1c'  PeBit6"- 
having  duties  or  business .  therein,  may  go  into  the  interior  of  the    "  "' 
penitentiary.     Any  other  person,  under  rules  and  regulations  to  be 
prescribed  by  the  governor,  may  also  visit  the  same.     There  shall  be 

no  conversation  between  a  visitor  and  a  convict,  unless  special  license 
therefor  be  given  by  the  governor  or  superintendent. 

24.  The  superintendent  may  apply  the  means  of  the  institution  to  Snr  erintendent 
repair  and  enlarge  the  shops,  and  increase  the  number  of  cells  when  f)":'.\r^ed  t,or<>" 
required.     He  shall  cause  to  be  done  in  the  penitentiary  any  work  ghopsVaridin'8* 
which  can -be  done  therein  towards  effecting  the  improvement  or  °lva!>on-uH>barof 
repairs  mentioned  in  the  fifteenth  section.     He  shall  direct  the  ma-  quir^r'^" r<' 
nufacturing  operations,  and  have  the  goods  manufactured  and  work 

done  at  the  penitentiary  (excepting  as  otherwise  provided),  and  have 
an  invoice  made  out  weekly  of  the  goods  manufactured,  with  the 
prices  thereon  ;  one  copy  of  which  shall  be  filed  with  the  clerk  of  the 
penitentiary,  and  one  other  copy  delivered  weekly  to  the  secretary 
of  the  commonwealth.     The  superintendent  and  the  clerk  appointed  Superintendent 
by  the  governor,  shall  from  time  to  time  fix  the  prices  of  goods  manu-  *"d  c,?rk  to_fix 
factured  at  the  penitentiary;  and  the  schedule  of  prices  so  fixed  shall  goods  manufac- 
be  recorded  in  a  book  to  be  kept  for  that  purpose.  turefi 

25.  When  an  investigation  is  ordered  by  the  governor  as  to  a  mat-  Power  of  board 
ter  concerning  the  penitentiary,  or  the  conduct  of  persons  connected  investigating 
therewith,  it  shall  be  his  duty  to  constitute  a  commission  of  three  in-  ordered  by" the 
telligent  gentlemen  to  make  the  investigation ;  and  the  clerk  of  the  governor 
penitentiary,  by  order  of  said  commission,  may  issue  a   summons,  5!^.*f  JS-8UU 

•*,.  i        "  \         *  ■      •!*•      r  i •  i  ■  summons  for 

directed  to  the  sheriff  ot  any  county,  commanding  him  to  summon  witnesses 
any  person  to  attend  at  the  penitentiary  on  a  certain  day,  to  give 
evidence  before  the  said  commissioners,  and  may  administer  an  oath 
to  such  person.     The  commissioners  shall  have  like  powers/under 
the  twenty-third  and  twenty-fourth  sections  of  chapter  one  hundred 
and  seventy-six,  as  if  it  was  a  court  whose  clerk  had  issued  the  sum- 
mons; and  the  clerk  of  the  penitentiary  shall  make  such  entry  as 
would  be  made  under  the  thirty-fifth  section  of  the  same  chapter,  if 
the  attendance  were  before  a  court,  and  made  by  the  clerk  thereof. 
The  sum  to  which  the  witness  is  entitled  shall  be  pair!  out  of  the  Compensation  of 
funds  of  the  institution.     Testimony  taken  before  the  said  commis-  witnesses,  how 
doners  shall  not  be  read  on  the  trial,  by  a  court  martial,  of  an  officer  pai 
or  soldier  of  the  public  guard,  but  shall  be  delivered  to  the  governor 
to  take  such  action  thereon  as  he  may  deem  proper,     The  interior  interior  guard 
guard  and  all  the  officers  of  the  penitentiary  shall  take  the  oaths  pre-  and  officers  to 
scribed  by  law  for  public  officers.  serib °d  for  pub- 

26.  The  soldiers  of  the  public  guard,  while  stationed  at  the  peni-  lie  officers 
tentiary,  shall  attend  to  the  outer  gates  as  heretofore,  and  obey  the  5™**e*/£„s£j: 

n        *  n    ,  .  ,  .  ,°  .  ....  •:  fliers  ol  public 

orders  ot  the  superintendent  m  relation  to  the  security  oi  the  prison-  guard  to  ohey 
ers  and  the  protection  of  the  property  of  the  penitentiary ;  and  it  ™fo™  °f  the 
shall  be  lawful  for  any  officer  of  the  penitentiary,  interior  guard  or  AiioweVto carry 
soldier  to  carry  sufficient  weapons  to  prevent  escapes,  suppress  re-  weapons to.sup- 
bellion  and  for  sell-defence,  and  to  use  the  same  against  any" prisoner  andL^seif-1011 
for  such  purpose.     No  officer  of  the  penitentiary  or  officer  or  soldier  defence 
of  the  public  guard  shall  be  allowed  to  trade  or  traffic  with  convicts,  Trade  and  traffic 

.r-    /.  ,  °.  ,..,...  ~>  .   ,      ,    ..  ,  i.         with  the  convicts 

on  pain  ot  being  dismissed  it  an  officer,  or  punished  if  a  soldier,  prohibited 
2 


IS  PENITENTIARY. 

And  if  any  person  bring  into  or  carry  out  of  the  penitentiary  any 
article  or  thing  which  may  be  prohibited  by  the  rules  and  regulations 
thereof,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one  thousand 
dollar?,  and  shall  be  confined  in  jail  for  a  term  not  exceeding  twelve 
mouths. 
ciei-k  of  pem-  27.  The  clerk  of  the  penitentiary,  who  shall  be  appointed  by  the 
tentiary  governor,  shall  keep  the  books  thereof,  enter  all  orders  made  at  the 

penitentiary,  and  daily  enter  on  one  of  the  books  of  the  penitentiary 
the  cost  of  raw  materials  furnished  to  each  ward,  copies  of  the  ac- 
counts of  all  sales  for  the  penitentiary,  reported  to  him  hj  the  super- 
intendent, and  a  copy  of  entries  in  the  receiving  clerk's  books  of  the 
sale  of  manufactured  goods  for  the  day,  including  all  moneys  received 
for  thrt  use  of  the  penitentiary.     It  shall  also  be  his  duty  to  compare 
the  books  of  the  different  ward  masters  with  his  own  books  and  books 
of  the  receiving  clerk,  at  least  once  a  week,  and  enter  on  record  the 
result  of  such  comparison,  and  be  subject  to  the  orders  of  the  superin- 
tendent. 
Residence, &o.  of     28.    The  superintendent  may  reside  in  the  front  building  of  the 
superintendent    penitentiary,  and  be  allowed  his  fuel  and  lights.     He  shall  also  be 
aL.nved  him        authorized  to  use  a  small  piece  or  lot  of  the  land  for  a  garden  to  raise 
vegetables  for  his  own  family  use.     He  shall  be  the  chief  executive 
officer  of  the  penitentiary,  and  direct  its  internal  police  and  manage- 
ment, subject  to  the  orders  of 'the  governor.     He  shall,  under  rules 
and  regulations  to  be^prescribed  by  the  governor,  sell  all  surplus 
manufactured  goods  or  other  articles  manufactured  at  the  peniten- 
tiary, or  the  proceeds  of  the  labor  of  convicts  or  transports  elsewhere, 
and  shall  furnish  accounts  thereof  to  the  clerk  of  the  penitentiary  for 
i-v.wer  to  ap-       record.     He  ma}",  with  the  approval  of  the  governor,  appoint  seven 
point  assistants   assistants,  whose  duties  he  shall  prescribe,  to  be  designated  and  stand 
in  authority  as  "first,  second,  third,  fourth,  fifth   and  sixth  ward 
delivering  clerk  masters ;"  and  the  seventh  assistant  shall  be  known  and  denominated 
and  gate  keeper  as  "the  receiving  and  delivering  clerk  and  gatekeeper,"  and  shall 
keep  a  book,  in  which  an  entry  shall  be  made  of  all  moneys  received 
by  him   as  gate  keeper;  and  he  shall  also  keep  an  account  of  the 
value  of  all  manufactured  articles  sold  outside  of  the  penitentiary  by 
the  superintendent  or  any  of  his  officers,  and  shall  receive  the  money 
for  all  manufactured  articles  sold  at  the  penitentiary,  and  pay  over 
to  the  superintendent  the  same  at  the  end  of  each  week,  or  oftener 
if  required  by  him,  taking  his  receipt  therefor  in  a  receipt  book  kept 
for  that  purpose.     The  superintendent  may  require  bond  and  secu- 
rity from  said  delivering  clerk,  for  the  faithful  performance  of  the 
duties  of  his  office,  and  may  also  prescribe  the  mode  and  manner  of 
Aetiug  superin-  keeping  and  making  entries  in  his  books.     The  superintendent  shall 
ten:^utt°be      at  all  times,  when  he  is  about  to  leave  the  penitentiary,  designate 
which  of  his  officers  shall  perform  the  duties  of  his  office  of  superin- 
Proceedsof  galea  tendent  during  his  absence.     All  money  realized  from  the  sale  of 
to  be  paid  into     manufactured  goods  or  other  articles,  and  from  the  labor  of  convicts 
monthly  and  transports,  shall  be  paid  into  the  treasury  monthly  by  the  super- 

Proviso  intendent  of   the  penitentiary:    provided,  that  the  superintendent 

shall  be  authorized  to  use  the  money  received  at  the  penitentiary 
during  any  one  month,  before  he  pays  the  money  into  the  public 
treasury,  for  the  necessary  purchases  of  subsistence  and  raw  mate- 
rials, an  account  of  which  he  shall  render  to  the  auditor  of  public 
accounts  when  he  makes  his  deposits  at  the  end  of  each  month. 
Auditor  to  re-      Should  the  superintendent  fail  to  make  the  payment  into  the  trea- 
port  failure         suit,  directed  by  this  section,  for  ten  days  after  it  becomes  due,  the 
Governor  may     auditor  shall  report  the  fact  to  the  governor,  who  shall  thereupon 
t^ndent1  SUperm  nave  authority  to  suspend  the  superintendent -from  the  discharge  of 
the  duties  of  his  office,  and  appoint  temporarily  a  successor,  who 
shall  discharge  the  duties  of  the  office,  first  executing  such  bond  as 
the  governor  may  deem  proper.     All  expenditures  for  the  purchases 


PENITENTIARY.  1 9 

of  raw  materials  arid  all  other  expenses  of  said  institution  shall  be 

defrayed  out  of  the  treasury,  upon  the  warrant  of  the  auditor  of 

public  accounts.     All  accounts  of  purchases'  so  made  and  of  other 

expenses  shall  be  approved  by  the  said  superintendent;  and  if  it  shall  Advancement  to 

at  any  time  become  necessary  to  use  money  for  purchases  out  of  this  superintendent 

state,  the  superintendent  may,  by  the  consent  and  authority  of  the 

governor,  have  a  sum  of  money,  not  exceeding  at  any  one  time  the 

sum  of  twenty  thousand  dollars,  advanced  to  him  out  of  the  treasury 

for  that  purpose;  but  such  advance  of  twenty  thousand  dollars  shall 

not  be  made  oftener  than  once  in  three  months.     The  superintendent,  Superintended 

for  facilitating  the  procuring  of  supplies,  may,  if  he  deem  it  neces-  may  appoint  an 

proper,  appoint,  with  the  approbation  of  tne  governor,  an  tant 
additional  assistant,  who  shall  be  denominated  a  purchasing  clerk, 
whose  duty  it  shall  be,  under  the  direction  of  the  superintendent,  to 
purchase  raw  material  and  other  supplies  for  the  penitentiary,  and 
do  and  perform  such  other  duties  as  the  superintendent  may  direct; 
and  the  superintendent  may  require.,  for  his  own  safety,  of  said  assis- 
tant, bond  with  security,  in  such  penalty  as  he  may  deem  proper,  for 
the  faithful  performance  of  the  duties  assigned  him  by  the  superin- 
tendent: and  it  shall  be  the  duty  of  the  several  rail  road  and  other  Duty  of  ran 
internal  improvement  companies  to  cause  all  materials  so  purchased  road  companies 
to  be  promptly  transported  over  their  respective  lines  to  the  city  ef 
Richmond. 

29.  When  the  board  of  directors  of  either  of  the  lunatic  asylums  To  have  work 
desire  to  purchase,  for  the  use  thereof,  cloth,  clothing  or  shoes  of  the  don,e  for  lunatic 

t-     .  '  <■   ,i  •■       ,  ■  •/>   ,i  i  •   •■•  ■  asylums 

manufacture  oi  the  penitentiary,  it  they  make  requisitions  m  rea- 
sonable time,  the  superintendent  of  the  penitentiary  shall  pack  up 
the  articles,  forward  them  to  the  asylum  at  its  cost,  and  charge  the 
articles  to  the  state.  The  prices  of  manufactured  goods  and  other 
articles  shall  be  regulated  under  the  direction  of  the  superintendent, 
and  be  sold  by  him,  his  purchasing  clerk,  or  such  other  officer  as  he 
may  direct. 

30.  The  superintendent  shall,  at  the  end  of  each  fiscal  year,  fur-  To  famish  re- 
nish  the  auditor  of  public  accounts  with  a  receipt  from  an  officer  of  ceiDt t0  auditor 
the  asylum  for  any  articles  so  furnished  within  said  year,  and  a  state- 
ment of  their  prices,  for  which  the  penitentiary  shall  have  credit,  and  . 

the  asylum  be  charged. 

31.  He  shall,  at  the  end  of  each  fiscal  year,  state  a  general  ac- To  render  an- 
count  between  the  state  and  the  penitentiary  for  such  year,  charging  nually  a  genera! 
the  latter  with  the  value  of  the  tools,  machinery,  fixtures  and  mate- 
rials on  hand  at  the  commencement  of  the  year;  the  raw  materials 
purchased  during  the  year;  the  rations  furnished  for  the  convicts; 

the  salaries  of  all  the  officers,  and  all  the  contingent  expenses  of  the 
penitentiary,  and  crediting  it  with  the  work  of  the  convicts  done  du- 
ring the  year ;  the  work  and  repairs  done  by  the  convicts  on  the 
prison  and  other  public  property;  clothing  furnished  the  convicts, 
and  the  value  of  the  tools,  machinery,  fixtures  and  materials  on  hand 
at  the  end  of  the  year;  amount  of  all  sales  of  manufactured  goods 
and  other  articles — with  all  other  debts  and  credits  necessary  to  show 
a  true  account  with  the  institution  and  the  state:  which  shall  be 
made  a  part  of  his  annual  report. 

32.  It  shall  be  the  duty  of  the  governor  to  appoint,  at  the  end  of  Governor  to  ap 
each  quarter,  a  commissioner,  who,  after  being  duly  sworn,  shall  go P.ointa commia- 
to  the  penitentiary,  and  take  an  account  of  the  manufacturing  and  Duties,  &c 
financial  operations  of  the  penitentiary  through  the   quarter  just 

ended,  and  diligently  enquire  into  the  manner  in  which  the  superin- 
tendent, officers  and  guards  have  performed  their  duties,  and  make 
report  to  the  governor:  a  copy  of  which  report  shall  be  recorded  in 
the  books  of  the  penitentiary ;  and  he  shall  be  paid  out  of  the  civil 
contingent  fund  such  sum  as  the  governor  may  deem  proper. 

33.  The  force  sent  to  the  penitentiary  from  the  public  guard  shall  Force  gent  to 
consist  of  a  non-commissioned  officer's  command,  and  be  in  charge  of  penitentiary, 

°  how  command 

ed,  &c 


20 


MILITARY    AFFAIRS. 


(Jcnviets  em- 
ployed outside  to 
be  attended  with 
sufficient  guard 

[nterior  guard, 
how  appointed, 
dismissed  and 
paid 


Rewards  for 
pritsonerH  escap- 
ing, how  paid 


Superintendent 

to  execute  new 
bond 

Penalty 
fiotnsnencement 


such  officer,  and  a  chain  of  sentinels  shall  surround  the  peuitentiary 
night  and  day. 

34.  While  the  convicts  are  employed  in  any  work  on  the  public 
grounds  or  property  outside  of  the  penitentiary,  they  shall  be  attended 
with  a,  sufficient  guard  detailed  by  the  captain  of  the  public  guard. 

35.  The  superintendent  may  employ  a  guard,  not  exceeding 
twelve  persons,  for  the  interior  oi' the  penitentiary,  who  shall  perform 
such  duties  as  the  superintendent  may  direct.  Any  person  so  em- 
ployed may  be  dismissed  from  service  at  the  pleasure  of  the.  superin- 
tendent :  and  the  superintendent  may  assign  one  of  the  said  guard  to 
superintend  and  cut  out  the  leather  in  the  shoe  shop,  and  provide  for 
its  safe-keeping  through  the  day,  who  shall  be  allowed  such  additional 
compensation  as  may,  in  the  opinion  of  the  I governor,  be  just  and 
proper. 

36.  If  any  convict  escape  from  the  penitentiary,  or  from  the  cus- 
tody of  the  superintendent,  he  may  offer  a  reward  for  the  apprehen- 
sion and  redelivery  of  such  convict,  not  exceeding  five  hundred  dol- 
lars :  one-half  thereof  to  be  paid  by  the  institution,  and  the  other  by 
the  superintendent,  his  assistants  and  the  interior  guard,  in  propor- 
tion to  the  amount  of  their  salaries  ;  but  none  of  said  officers  shall  be 
entitled  to  such  reward. 

37.  The  superintendent  shall,  within  thirty  days  from  the  passage 
of  this  act,  execute  a  new  bond  in  the  penalty  of  one  hundred  thou- 
sand dollars. 

38.  This  act  shall  take  effect  from  its  passage,  and  all  acts  and 
parts  of  acts  coming  in  conflict  with  this  act  are  hereby  repealed. 


Commissions 
■vacated 


Chap.  10. — An  ACT  vacating  the  Commissions  of  Militia  Officers  of  the 

Line. 

Passed  February  11,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  from  and  after  the 
passage  of  this  act,  the  commissions  of  all  major  generals  and  briga- 
dier generals,  and  their  respective  staffs,  all  colonels,  lieutenant  colo- 
nels, majors,  captains  and  lieutenants  of  the  militia  of  the  line,  be 
and  the  same  are  hereby  vacated. 

p.oviso  2.   Provided,  that  this  act  shall  not  be  construed  to  apply  to  offi- 

cers of  the  second  class  militia,  nor  to  the  officers  of  the  nineteenth 
regiment  of  the  militia  of  the  line. 

cicmmencement      3.    This  act  shall  be  in  force  from  its  passage. 


Examining 
board,  how  ap 
pointed 


Chap.  11.— An  ACT  disbanding  the  179th  Eegiment  of  the  Militia  of  the 
Line,  and  for  the  more  efficient  organization  of  the  19th  Regiment  of  the 
Militia  of  the  Line,  and  the  1  st  Regiment  of  the  Second  Class  Militia. 
Passed  February  11, 1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever  any  field, 
staff  or  company  officer  of  the  militia  of  the  line,  or  of  the  second 
class  militia,  shall  be  deemed  by  the  governor  inefficient  or  incompe- 
tent, he  may  appoint  an  examining  board,  who  shall  thoroughly 
examine  into  the  qualification  and  fitness  of  such  officer,  and  if  their 
report  be  unfavorable  to  the  officer,  the  governor  shall  have  authority 
to  remove  such  officer,  and  the  vacancy  shall  be  filled  in  such  mode 
as  may  be  prescribed  bylaw;  but  no  new  officer  shall  be  commis- 
sioned until  he  has  in  like  manner  been  examined  by  the  board,  and 
How  composed  found  qualified  and  fit.  The  board  of  examination  for  field  officers 
shall  be  composed  of  the  adjutant  general  of  this  state,  and  two 
commissioned  military  officers,  to  be  associated  -with  him  by  order  of 
the  governor ;  and  for  company  officers,  the  board  shall  be  composed 
of  three  officers  of  a  grade  not  less  than  that  of  the  officer  to  be 
examined. 


MILITARY    AFFAIRS.  21 

2.  Whenever  any  private  or  non-commissioned  officer  neglects,  Penalty  lor  ns- 
fails  or  refuses  to  perform  the  duties  required  of  him,  and  disobeys  &'le<,t  "f  autJ 
the  proper  orders  of  lag  superior  officers,  it  shall  be  lawful  for  the 
commandant  of  the  regiment,  battalion  or  company  to  have  him  ar- 
rested and  promptly  tried  by  a  court  martial;  and  upon  conviction, 

he  shall  be  fined  not  less  than  one  hundred  dollars,  or  be  punished,  as 
provided  for  in  the  case  of  enlisted  men.  by  the  rules  and  articles  of 
war  of  the  Confederate  States.  The  fines  imposed  under  this  sec-  Fain, 
tion  shall  be  collected  by  the  sheriff  or  sergeant  of  the  county  or  cor- 
poration, as  in  other  cases  of  militia  fines,  within  sixty  days  from  the 
time  of  their  imposition. 

3.  The  one  hundred  and  seventy-ninth  regiment  of  the  militia  of  179th  regiment 
the  line  is  hereby  disbanded,  and  the  commissions  of  the  officers  com-  diBband,>d 
posing  the  same  are  vacated,  and  the  governor  shall  attach  the  per-  Persons,  how 
sons  liable  to  duty  within  the  bounds  of  said  regiment  to  the  nine-  attatilefl 
teenth  regiment  of  the  militia  of  the  line  and  the  first  regiment  of 

the  second  class  militia,  according  to  the  class  to  which  they  respec- 
tively belong ;  and  he  is  authorized  to  take  such  measures  as  he  may 
deem  proper  to  secure  the  enrollment  of  all  persons  liable  to  duty 
within  the  bounds  of  the  nineteenth  and  one  hundred  and  seventy- 
ninth  regiments ;  and  the  governor  may,  in  his  discretion,  organize 
the  persons  thus  enrolled  by  companies,  or  he  may  attach  them  to 
existing  organizations.  Should  the  number  of  men  justify  if?,  a  new  Kew  regiment, 
regiment  may  be  organized  by  the  governor  within  the  bounds  above  v,beu  formed 
referred  to.  * 

4.  This  act  shall  be  in  force  from  its  passage.  Commencemant 


Chap.  12. — An  ACT  amendatory  of  the  act  passed  October  27th,  18'S>>,  en- 
titled an  act  to  authorize  the  Arrest  of  Deserters  by  the  Civil  Authorities. 
Passed  January  20,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first,  second  Act  of  is&s 
and  third  sections  of  the  act  passed  October  the  twenty-seventh,  ameaded 
eighteen  hundred  and  sixty-three,  entitled  an  act  to  authorize  the 

arrest  of  deserters  Irr  the  civil  authorities,  be  amended  and  re-en- 
ac-ted  so  as  to  read  as  follows : 

"That  all  magistrates,  sheriffs,    sergeants  and  constables  of  the  Duty  of  magia 
several  counties  and  towns  in  this  commonwealth  be  required  to  in-  *,^teS  and 
form  the  nearest  confederate  officer  of  all  deserters  and  other  delin- 
quents owing  military  service  to  the  confederate  government,  who  Arrest  of  de 
may  be  found  in  their  respective  counties,  cities  or  towns,  and  to  »ert«rs 
arrest  and  to  aid  in  the  arrest  of  all  such  delinquents,  whether  deser- 
ters, conscripts,  or  absentees  without  leave  from  the  army  or  navy  of 
the  Confederate  States ;  and  they  shall  promptly  notify  the  nearest 
confederate  officer  or  adjutant  general  or  the  secretary  of  war  of  such 
arrest,  and  shall  commit  such  deserter  or  other  delinquent  to  some  Deserter,  how 
secure  county  or  corporation  jail  until  he  can  be  delivered  to  the  committed 
confederate  authori ties. 

2.  The  said  officers  may  summon  so  many  of  the  people  of  their  State  forces, . 
county  or  corporation,  or  require  the  nearest  commissioned  officer  of  how  called  out 
state  forces  to  call  out  such  portion  of  his  command  as 'may  be  suffi- 
cient for  the  purpose,  to  aid  in  arresting  and  safely  guarding  such 
delinquents  until  they  can  be  secured  in  jail  as  aforesaid:  and  in  powers  of 
making  any  arrest  herein  directed,  the  officers,  whether  civil  or  mili-  l)fficers 
tary,  shall  have  the  same  powers  and  jurisdiction  conferred  in  the 
twenty-fourth  section,  chapter  forty-nine  of  the  Code. 

3.  If  any  officer  shall  willfully  fail  or  refuse  to  perform  any  duty  Failure  to  dig 
herein  required  of  him,  and  any  citizen  who  shall  fail  or  refuse  to  cbarge  duty 
obey  the  summons  provided  for  in  the  second  section,  or  shall  refuse, 

when  called  on  by  any  officer  authorized  to  arres*t  deserters  and  other 
military  delinquents,  to  assist  in  making  any  arrest,  or  in  securing 


22 


MILITARY   AFFAIRS. 


When  deemed 
a  misdemeanor 


■   jail  is 


Duty  of  presid 
ing  justice 


To  convene 

court 

Patrol,  how 
c  ailed  out 


Powors  of  officer 

i  f  patrol 


rders  of  court, 
~.oiY  certified 


I    ■,  I  ■  I 


Act  to  bo  given 
in  charge 


Commencement 


and  safely  keeping  any  prisoner  after  his  arrest,  such  officer  or  citi- 
zen shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  by  the  jury  not  less  than  fifty  nor  more  than 
five  hundred  dollars,  and  shall  be  imprisoned  in  the  county  or  corpo- 
ration jail  not  less  than  two  nor  more  than  six  months :  but  if  any 
such  jail  shall  for  any  cause  be  insecure  as  a  place  of  confinement, 
he  shall  be  removed  to  the  nearest  county  or  corporation  jail  that  may 
be  deemed  safe,  upon  the  order  of  the  court  or  presiding  justice  of 
the  court  in  which  he  was  convicted. 

4.  Be  it  further  enacted,  that  to  facilitate  the  arrest  and  return  of 
deserters  and  other  delinquents  from  the  army  and  navy  of  the  Con- 
federate States,  it  shall  be  the  duty  of  the  presiding  justice  of  any 
county,  city  or  town,  whenever  thereto  requested  by  the  governor  of 
the  state,  the  secretary  of  war  of  the  Confederate  States,  or  the  com- 
manding general  of  the  district  or  department,  and  also  when  reliable 
information  shall  be  brought  to  him  that  there  are  deserters  or  other 
delinquents  as  aforesaid  lurking  about  or  passing  through  his  county, 
city  or  town,  to  convene  immediately  two  other  magistrates  to  act 
with  him,  and  shall  detail  from  the  body  of  the  county  a  sufficient 
patrol,  under  charge  of  an  officer  to  be  appointed  by  said  court,  who 
shall  be  required  diligently  to  patrol  and  make  search  for  deserters 
and  other  delinquents,  and  to  arrest  and  dispose  of  the  same  as  herein 
before 'prescribed :  and  the  officer  of  said  patrol  shall  have  all  the 
powers  conferred  in  the  first  and  second  sections  of  this  act.  The 
court  herein  mentioned  may  meet  at  any  convenient  and  safe  point 
designated  by  the  presiding  justice. 

5.  The  orders  of  said  court  shall  be  certified  by  the  presiding 
justice  to  the  clerk  of  the  county  or  corporation  court,  when  the  same 
shall  not  be  held  at  the  courthouse  thereof,  and  shall  be  issued  and 
executed  as  other  orders  of  the  court. 

6.  Any  willful  neglect  or  refusal  to  perform  the  duties  prescribed 
in  the  last  two  preceding  sections  shall  be  deemed  a  misdemeanor, 
and  subject  the  offender  to  the  pains  and  penalties  mentioned  in  the 
third  section  of  this  act. 

7.  This  act  shall  be  specially  given  in  charge  to  all  grand  juries, 
and  shall,  immediately  after  its  passage,  be  published  by  proclama- 
tion of  the  governor. 

8:    This  act  shall  be  in  force  from  its  passage. 


Sheds  lobe 
erected 


Amount,  appi 
prist  ed 


Commencement 


CHAP.  13. — An  ACT  authorizing  the  Governor  to  cause  sufficient  Covering 

to  be  erected  for  the  protection  of  the  Artillery  belonging  to  the  State 

Passed  January  22,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sum  of  twenty- 
two  thousand  five  hundred  dollars  be  and  is  hereby  appropriated  for 
the  purpose  of  erecting  sheds  or  other  suitable  covering  at  or  near 
the  city  of  Richmond,  and  at  the  Virginia  military  institute,  to  pro- 
tect the  guns,  caissons,  gua  carriages  and  artillery  harness  belonging 
to  the  state  of  Virginia. 

2.  The  money  hereby  appropriated  shall  be  expended  under  the 
direction  of  the  governor;  and  the  auditor  of  public  accounts  shall 
pay  such  amount  of  the  sum  hereby  appropriated  as  may  be  expended, 
upon  the  order  of  the  governor. 

3.  This  act  shall  be  in  force  from  its  passage. 


ARMY   AGENCY.  23 

Chap.  14. — An  ACT  to  establish  ;m  Army  Agency  iu  the  City  of  Rich- 
mond, for  the  relief  of  Soldiers,  Seamen  and  Officers  of  Virginia  iu  the 
Confederate  Service,  and  to  repeal  the  1st,  2d  and  3d  sections  of  an  act 
establishing  such  Agency,  passed  March  9th,  1863. 
Passed  March  4,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  shall  Army  agent, 
appoint  an  army  agent  to  superintend  and  conduct  the  agency  hereby  bow  aPP°mte,i 
constituted  for  the  relief  and  comfort  of  th'e  soldiers,  seamen  and 

officers  in  the  confederate  service  from  the  state  of  Virginia. 

2.  It  shall  be  the  duty  of  such  agent  to  receive  and  forward  to  the  Dm.y  of  agent 
soldiers,  seamen  and  officers  aforesaid  any  contributions  of  clothing, 

shoes  or  other  necessary  and  proper  supplies  which  shall  be  furnished 
by  their  families  or  friends  or  by  the  state  for  that  purpose;  to  re- 
ceive and  store  all  supplies,  baggage  and  clothing  of  such  soldiers, 
seamen  and  officers,  and  deliver  the  same  when  demanded  by  the 
owners  or  by  the  proper  military  authorities,  and  as  far  as  practica- 
ble provide  a  place  of  lodging,  and  when  necessary,  food  or  rations 
for  all  indigent  soldiers,  seamen  and  officers  of  Virginia  in  transitu 
through  the  city  of  Richmond  on  furlough  or  sick  leave.  Such  pro- 
visions for  food  and  lodging  may  be  limited  and  regulated  in  such 
manner  as  said  agent  shall  find  prudent  and  necessary,  subject  to 
the  direction  and  control  of  the  governor.  The  said  agency  shall  be  Where  agency 
located  in  the  city  of  Richmond ;  but  said  agent  may  appoint  such  located 
sub-agents  at  such  other  points  as  he  shall  deem  necessary  for  the 
proper  discharge  of  the  business  of  the  agency.  He  shall  receive 
and  take  care  of  all  hospital  stores  that  may  be  contributed  or  pur- 
chased  for  the  sick  or  wounded  soldiers  and  seamen  of  Virginia,  and 
shall  dispense  the  same  on  requisitions  from  their  attending  physi- 
cians or  surgeons,  or  in  such  manner  as  the  governor  shall  authorize. 
He  may,  under'  the  direction  and  control  of  the  governor,  provide  Clothing,  how 
such  supplies  of  clothing  as  may  be  obtained  by  contribution  or  by  sl!PPlied 
purchase,  on  such  terms  as  he  shall  deem  reasonable,  and  shall  cause 
such  clothing  to  be  issued  to  the  destitute  soldiers  and  seamen  of 
Virginia,  under  such  regulations  as  the  governor  shall  prescribe  or 
approve. 

3.  Said  agent  shall  provide  a  suitable  place  for  the  lodging  of  sol-  Lodging- of  sol- 
diers, as  provided  in  the  foregoing  section,  and  for  the  safe-keeping  ^h  f0°rw  pro" 
of  all  goods  which  he  shall  -procure,  or  which  shall  come  to  his  care, 

until  the  same  can  be  distributed,  delivered  or  transported  to  the 
places  of  their  destination.  He  shall  make  such  arrangements  as 
may  be  practicable  with  the  quartermaster's  department  of  the  Con- 
federate States,  for  the  safe  and  speedy  transportation  of  all  goods  to 
be  transported ;  and  he  may  hire  means  of  transportation,  and  may  Transportation 
employ  such  other  agents  as  he  shall  find  necessary  to  aid  and  super-  ot  £°ods 
intend  in  the  care  and  preservation  and  the  safe  and  speedy  trans- 
mission of  goods  in  his  custody. 

4.  The  said  agent  shall  from  time  to  time,  as  he  shall  deem  neces-  Notice  of  objcetB 
sary,  give  such  notice,  by   advertisement  in  the  public  press  and  of  asency 
otherwise,  of  the  objects  of  the  agency  and  the  place  of  his  location, 

as  will  in  his  judgment  render  the  agency  in  the  largest  degree  useful 
for  the  purposes  designed ;  and  he  may  invite  and  receive  contribu- 
tions from  the  public  for  such  purposes.     He  may  employ  clerks,  not  Agent  may  em- 
exceeding  two  in  number,  to  aid  him  in  his  office  or  otherwise,  who  ploy  clerkB 
shall  receive  such  salary  as  the  said  agent  shall  deem  reasonable  and 
contract  for,  and  the  governor  approve,  not  to  exceed  fifteen  hundred 
dollars  per  annum.     The  said  agent  shall  be  entitled  to  compensation 
for  his  services,  at  such  rate  as  the  governor  shall  approve,  not  to 
exceed  the  sum  of  three  thousand  dollars   per  annum.     He  may,  Subsistence  and 
under  the  control  of  the  governor,  provide  subsistence  and  lodging  lod&in& 
for  all  persons  in  the  service  of  the  agency  ;  and  for  such  period  as 
they'  are  so  provided,  they  shall  not  receive  any  other  compensation 
from  the  state  for  such  services,  unless  the  game  be  authorized  by  the 


24  FAMILIES    OF   SOLDIERS. 

governor,  and  then  not  exceeding  the  rate  of  two  dollars  per  day  : 
Detailed  soldiers  provided,  that  nothing  herein  contained  shall  prevent  the  detailing  of 
soldiers  unfit  for  field  duty  to  act  as  sub-agents  or  clerks,  whenever 
the  consent  of  the  Confederate  States  government  can  be  obtained 
BojkI  of  ligent     therefor.     Before  the  said  agent  shall  proceed  to  discharge  the  duties 
of  his  agency,  he  shall  enter  into  bond  with  approved  security,  before 
the  clerk  of  the  circuit  court  of  the  city  of  Richmond,  in  the  penalty 
of  twenty  thousand  dollars,  with  condition  for  the  faithful  perform- 
ance of  his  duties  as  such  agent:  and  any  party  who  may  be  injured 
by  the  willful  default  or  negligence  of  said  agent,  may  recover  judg- 
ment against  him,  by  motion,  upon  ten  days'  notice,  before  the  cir- 
cuit court  of  the  city  of  Richmond. 
Appropriation         5.    In  order  to  carry  out  the  purposes  of  this  act,  the  sum  of  one 

hundred  thousand  dollars  is  hereby  appropriated. 
ist,  2<:i  :iuo  3d  6.    The  first,  second  and  third  sections,  of  the  act  passed  March 

s-*8  of  H0 ■■ ,  ninth,  eighteen  hundred  and  sixty-three,  entitled  an  act  establishing 

of  1863  repealed  °    .       ,,  .,  »    „.    ,      •       ,    ,.    '  ■    .  -,     ,.  ,.     ° 

an  agency  m  the  city  ot   Richmond  lor  receiving  and  forwarding 
clothing,  shoes  and  other  supplies  to  Virginia  soldiers,  are  hereby 
repealed. 
Oojtimeneement       7.    This  act  shall-  be  in  force  from  its  passage. 


Chap.  15. — An  ACT  for  the  relief  of  Families  of  Soldiers  living  in  Coun- 
ties within  the  Lines  or  under  the  Control  of  the  Enemy. 
Paused  February  50,  1864. 

Amount  appro-        1.    Be  it  enacted  by  the  general  assembly,  that  the  sum  of  one 
P"''»u'd  million  dollars  be  and  the  same  is  hereby  appropriated  for  the  relief 

of  the  needy  families  of  soldiers  and  sailors  in  the  confederate  ser- 
vice from  the  state  of  Virginia,  residing  in  counties  within  the  lines 
or  the  power  of  tho  enemy,  as  herein  after  provided. 
Commissioners        2.    The  auditor,  second  auditor  and   secretary    of  the   common- 
appointed  wealth  are  hereby  appointed  commissioners,  to  act  without  compen- 
sation, to  attend  to  the  apportionment  and  expenditure  of  said  money  • 
and  they  are  hereby  authorized  to  appoint  agents  for  the    several 
counties,  to  expend  such  sums  as  the  commissioners  may  allot  to  them, 
To  whom  to  be   for  the  relief  of  the  needy  families  of  such  soldiers  and  sailors  residing 
"iHtributed         m  their  respective  counties  or  corporations,  and  for  the  needy  fami- 
lies of  those  who  have  been  disabled  or  honorably  discharged,  and  of 
the  needy  widows  and  minor  children  of  such  as  may  have  died  or 
Bond, <fcc  may  hereafter  die;   and   shall  take    bond  and    security  from    such 
agents,  payable  to  the  commonwealth,  in  a  sufficient  penalty,  for  the 
performance  of  the  trust  reposed  in  them ;  and  shall  require  said 
agents  to  return  an  account  of  such  expenditure,  showing  the  amount 
expended  for  each  family;  and  shall  make  such  regulations  as  they 
may  think  proper,  to  prevent  fraud,  and  secure  a  faithful,  just  and 
equitable  distribution  of  said  funds  among  the  several  counties,  and 
Proviso  among  the  families  in  each  county :  provided,  that  the  widowed  mother 
and  her  family  shall  be  considered  as  the  family  of  a  sou  who  has  been 
killed  or  disabled,  or  who  has  died  in  the  service  :  and  provided  fur- 
ther, that  the  provisions  of  this  act   shall  also  be  extended  to  the 
classes  of  persons  named  therein  who  may  not  reside  within  the  lines 
of  the  enemy,  but  upon  neutral  ground,  or  in  such  relation  thereto  as 
that  in  the  opinion  of  said  commissioners  the  county  courts  of  the 
counties  in  which  they  reside  cannot  afford  them'  relief  under  existing 
laws:  and  provided  further,  that  the  agents  appointed  for  the  several 
counties  shall  be  residents  of  the  county  for  which  they  are  appointed, 
and  are  over  forty-five  years  of  age,  or  not  subject  to  military  ser- 
vice :  and  provided  further,  that  where  the  money  cannot  be  distri- 
buted on  account  of  the  enemy,  it  shall  be  retained  in  the  hands  of 
the  proper  agents  until  such  time  as  it  can  be  so  distributed. 
Funds,  hov7  3.   In  order  to  raise  funds  available  for  the  purposes  of  this  act, 

raised 


SALARIES.  25 

the  said  commissioners  are  hereby  empowered  to  direct  the  issue  of 

coupons  or  registered  bonds  of  this  commonwealth,  bearing  sis  per 

centum  interest  per  annum,  authenticated  in  the  manner  prescribed 

in  the  second  section  of  the  sixty-seventh  chapter  of  the  Code  of 

Virginia  (edition  of  eighteen  hundred  and  sixty),  to  such  an  amount 

as  may  be  necessary,  not  exceeding  the  sum  of  five  hundred  thousand 

dollars;  and  said  commissioners  are  directed  to  effect  an  exchange  of  Notes  of  banks, 

said  bonds  for  at  least  an  equal  amount  of  the  notes  of  the  banks  of how  obtamed 

this  commonwealth,  with  said  banks  or  others;  and  the  notes  thus 

oh  tain  ed  are  to  be  applied  exclusively  to  the  support  of  needy  fami-' 

Jies  in  those  counties. where,  from  the  presence  of  the  public  enemy, 

confederate  treasury  notes  cannot  be  used.     The  said  commissioners  Pay-meats,  bow 

shall  use  confederate  or  Virginia  treasury  notes  wherever  they  can,  made 

and  shall  draw  orders  on  the  auditor  of  public  accounts,  who  shall 

issue  his  warrant  on  the  treasurer  therefor :  provided  the  whole  amount 

of  bonds  issued  and  treasury  notes  paid  shall  not  together  exceed  the 

amount  appropriated  in  the  first  section  of  this  act. 

4.  The  commissioners  shall  report  their  proceedings  under  this  act  Proceedings  to 
to  the  next  session  of  the  general  assembly.  lie  reported 

5.  This  act  shall  he  in  force  from  its  passage.  Commencement 


Chap.  VS. — An  ACT  providing  Compensation  for  Members  of  the  General 
Assembly,  Judges  and  other  Officers  of  the  Government,  in  lieu  of  the     < 
Compensation  now  allowed  by  law. 

Passed  December  16,  1863. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Compensation  of 
auditor  of  public  accounts  allow  to  the  members  of  the  general  as-  ™^^rK  ^J10 
sembly,  for  their  services.for  the  past  and  present  sessions,  in  lieu  of  Sly 
the  per  diem  compensation  to  which  they  are  entitled  by  law,  the 
sum  of  twelve  dollars  per,  day,  in  Virginia  or  Confederate  treasury 
notes :  avl§t  that  the  president  of  the  senate  and  the  speaker  of  the 
house  of  delegates  each  be  paid,  in  lieu  of  their  per  diem  compensa- 
tion for  the  past  and  present  sessions,  the  sum  of  twenty  dollars  per 
day,  in  like  currency.     To  the  governor  of  Virginia,  ten  thousand  Governor 
dollars  for  the  years  ending  the  thirty-first  day  of  December  eighteen 
hundred  and  sixty-three  and  the  thirty-first  day  of  December  eigh- 
teen hundred  and  sixty-four,  in  like  currency,  in  lieu  of  the  compen- 
sation now  allowed  by  law.     To  the  judges  of  the  supreme  court  of  Judges  of  court 
appeals,  not  residing  in  the  lines  of  the  enemy,  in  like  currency,  in  cf  aPPea'-s 
lieu  of  the  compensation  now  allowed  by  law,  each  the  sum  of  five 
thousand  dollars  for  the  year  ending  the  flhirty-first  day  of  December 
eighteen  hundred  and  sixty-three,  and  the  like  sum  of  five. thousand 
dollars  for  the  year  ending  the  thirty-first  day  of  December  eighteen 
hundred  and  sixty-four;  to  be  paid  quarter  }rearly.     To  the  reporter  Reporfer 
of  the  supreme  court  of  appeals,  in  like  currency,  in  lieu  of  the 
compensation  now  allowed   by  lav,',  the  sum  of  three  thousand  five 
hundred  dollars  for  the  year  ending  the  thirty-first  day  of  December 
eighteen  hundred  and  sixty-three,  and  the  like  sum  of  three  thou- 
sand five  hundred  dollars  for  the  year  ending  the  thirty-first  day  of 
December  eighteen  hundred  and  sixty-four,  payable  quarter  3rearly. 
To  the  attorney  general,  in  like  currency,  in  lieu  of  the  compensa-  Attorney  geu^ 
tion  now  allowed  by  law,  the  sum  of  four  thousand  dollars  for  the  ral 
year  ending  the  thirty-first  day  of  December  eighteen  hundred  and 
sdxty-three,  and  the  like  sum  of  four  thousand  dollars  for  the  year 
ending  the  thirty-first  day  of  December  eighteen  hundred  and  sixty- 
four,  payable  quarter  yearly.     To  the  clerk  of  the  supreme  court  of  Clerks  of  court 
appeals  at  Eichmond  and  the  clerk  of  the  supreme  court  of  appeals  of  aPPeals 
at  Lewisburg,  each  the  sum  of  two  thousand  dollars  for  the  year 
ending  the  thirty-first  day  of  December  eighteen  hundred  and  sixty- 
three,  and  the  like  sum  of  two  thousand  dollars  each  for  the  year 


26 


SALARIES. 


ending  the  thirty-first  day  of  December  eighteen  hundred  and  sixty- 
four,  in  lieu  of  the  compensation  now  allowed  them  by  law,  payable 

Circuit  judges  quarter  yearly.  To  the  judges  of  the  circuit  courts  not  residing 
within  the  lines  of  the  enemy,  in  like  currency,  in  lieu  of  the  com- 
pensation now  allowed  by  law,  each  the  sum  of  four  thousand  five 
hundred  dollars  for  the  year  ending  the  thirty-first  day  of  December 
eighteen  hundred  and  sixty-three,  and  the  like  sum  of  four  thousand 
five  hundred  dollars,  payable  quarter  yearly,  for  the  year  ending  the 
thirty-first  day  of  December  eighteen  hundred  and  sixty-four. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Act  allowing 
additional  com- 
pensation to 
officers  of  the 
government 
amended 


Officers  in  ex- 
ecutive depart- 
ment 


Auditor  of  pub- 
lic accounts  and 
bis  clerks 


Second  auditor 
and  his  clerks 


Treasurer  and 
bis  clerkH 


Chap.  17. — An  ACT  amending  and  re-enacting  an  act  passed  October  3  3tli , 
1863,  and  an  act  amendatory  thereof,  passed  October  26th,  1863,  in  rela- 
tion to  an  Increase  of  the  Salaries  of  certain  Officers  of  Government. 
Passed  January  22,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  entitled  an 
act  to  amend  the  first,  second,  third,  fourth,  fifth,  thirteenth,  four- 
teenth and  sixteenth  sections  of  chapter  fourteen ;  the  fourteenth 
section  of  chapter  twenty-one;  the  twenty- seventh  section  of  chapter 
twenty-three,  and  the  tenth  section  of  chapter  sixty-six  of  the  Code 
of  Virginia  (edition  of  eighteen  hundred  and  sixty),  so  as  to  increase 
the  salaries  of  certain  officers  of  the  government,  passed  October 
thirteenth,  eighteen  hundred  and  sixty-three,  and  an  act  amendatory 
thereof,  entitled  an  act  to  amend  and  re-enact  the  fourteenth  section 
of  chapter  fourteen  of  the  Code  of  Virginia,  as  amended  and  re- 
enacted  by  an  act  entitled  an  act  to  amend  the  first,  second,  third, 
fourth,  fifth,  thirteenth,  fourteenth  and  sixteenth  sections  of  chapter 
fourteen ;  the  fourteenth  section  of  chapter  twenty-one ;  the  twenty- 
seventh  section  of  chapter  twenty-three,  and  the  tenth  section  of 
chapter  sixty-six,  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty),  so  as  to  increase  the  salaries  of  certain  officers  of 
the  government  (passed  October  thirteenth,  eighteen  hundred  and 
sixty-three),  passed  October  twenty- sixth,  eighteen  hundred  and 
sixty-three,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

2.  The  several  officers  herein  after  mentioned  shall  receive  annu- 
ally from  the  public  treasury  the  following  sums;  that  is  to  say  : 

In  the  executive  department. 

The  secretary  of  the  commonwealth,  five  thousand  two  hundred 
dollars,  including  all  fees  and  perquisites  received  by  him  as  secre 
tary  of  the  commonwealth  and  librarian;    the  assistant  clerk,  two 
thousand  six  hundred  and  twenty-five  dollars;  and  the  copying  clerk, 
two  thousand  two  hundred  and  fifty  dollars. 

In  the  offinc  of  the  auditor  of  public  accounts. 

3.  The  auditor  of  public  accounts  shall  receive  the  sum  of  five 
thousand  two  hundred  dollars;  the  clerk  of  accounts,  three  thousand 
seven  hundred  and  fifty  dollars;  the  first  clerk,  two  thousand  six 
hundred  and  twenty-five  dollars;  and  the  second,  third,  fourth,  fifth, 
sixth  and  seventh  clerks,  each  the  sum  of  two  thousand  two  hundred 
and  fifty  dollars. 

In  the  second  auditors  office. 

4.  The  second  auditor  shall  receive  the  sum  of  four  thousand  five 
hundred  and  fifty  dollars ;  the  first  clerk,  two  thousand  six  hundred 
and  twenty-five  dollars;  and  the  second,  third  and  fourth  clerks,  each 
the  sum  of  two  thousand  two  hundred  and  fifty  dollars. 

In  the  treasurers  office. 

5.  The  treasurer  shall  receive  the  sum  of  four  thousand  five  hun- 
dred and  fifty  dollars;  the  first  clerk,  the  sum  of  two  thousand  six 


arms 


SALARIES.  27 

hundred  and  twenty-five  dollars;  the  second  clerk,  two  thousand  two 
hundred  and  fifty  dollars;  and  the  third  clerk,  to  be  denominated 
clerk  of  the  banking  department,  the  sjim  of  two  thousand  two  hun- 
dred and  fifty  dollars ;  to  be  paid  as  heretofore. 

In  the  land  office. 

6.  The  register  of  the  land  office  shall  receive  the  sum  of  four  Register  and  hip 
thousand  five  hundred  and  fifty  dollars ;  the  first  clerk,  two  thousand  clerks 

six  hundred  and  twenty-five  dollars;  and  the  second  clerk,  the  sum 
of  two  thousand  two  hundred  and  fifty  dollars. 

7.  The  clerk  of  the  senate,  who  is  required  to  prepare  an  index  to  Clerk  rf  senate 
the  Journal  of  the  Senate  and  the  Documents  printed  by  its  order, 

shall  receive  an  annual  salary  of  four  thousand  one  hundred  dollars, 

The  clerk  of  the  house  of  delegates,  who  is  hereby  required  to  keep  clerk  of  the 

the  rolls,  to  prepare  an  index  to  the  Journal  of  the  House  of  Dele-  bouee  of  (lelt" 

gates  and  the  Documents;  to  prepare  tables  of  the  places  of  holding  ga  ei 

separate  elections,  and  of  the  terms  of  the  coivrts,  as  required  by  the 

sixteenth  chapter,  shall  receive  an  annual  salary  of  four  thousand 

five  hundred  and  fifty  dollars.     The  further  sum  of  eighty-four  dol-  To  employ  as- 

lars  per  week  during  the  session  of  the  general  assembly  shall  be  sistant» 

allowed  to  the  clerk  of  the  senate,  and  the  same'  sum  to  the  clerk  of 

the  house  of  delegatesr  to  enable  each  of  said  clerks  to  employ  one 

assistant.     Hereafter,  at  the  expiration  of  each  annual  session  of  the  clerk  of  house 

general  assembly,  it  shall  be  the  duty  of  the  clerk  of  the  house  of  *°  prepare 

delegates  to  prepare  for  publication  a  sketch  or  synopsis  of  the  seve-  &c 

ral  acts  and  joint  resolutions  passed  during  the  session. 

8.  The  sergeant  at  arms  of  the  senate  and  the  sergeant  at  arms  Sergeant  at 
of  the  house  of  delegates  shall  each  receive  the  sum  of  eighty-four 
dollars  per  week  during  the  session  of  the  general  assembly.     Each 
of  said  sergeants  shall  be  allowed  for  taking  any  person  into  custody, 
by  order  of  the  house,  two  dollars ;  for  every  day  he  detains  such 

person  in  custody,  two  dollars ;  and  for  the  travel  of  himself  or  a 
messenger,  to  take  any  person  into  custody  bj*  such  order,  ei|jj|t 
cents  per  mile  going,  and  the  same  returning.     The  doorkeepers  ofDoorkwi^re 
both  houses  shall  receive  the  sum  of  eighty-four  dollars  each  week 
during  the  session  of  the  general  assembly.     The  clerks  of  the  seve- 
ral standing  committees  of  each  house  shall  be  allowed  for  their  ser- 
vices eighty-four  dollars  per  week  until  discharged  ;  that  is  to  say : 
In  the  senate,  the  clerk  of  the  committee  on  roads  and  internal  navi-  Clerks  of  con>- 
gation  ;  the  clerk  of  the  committees  on  general  laws  and  confederate  mitteea  in  senate 
relations ;  the  clerk  of  the  committees  for  courts  of  justice  and  of 
finance ;  the  clerk  of  the  committees  on  public  institutions,  of  privi- 
leges and  elections  and  on  banks  :  and  in  the  house  of  delegates,  the  Clerks  of  com- 
clerk  of  the  committees  for  courts  of  justice  and  of  schools  and  col-  mittees  in  house 
leges ;    the  clerk  of  the  committees  of  propositions  and  of  claims ; 
the  clerk  of  the  committee  on  finance ;  the  clerk  of  the  committees 
of  privileges  and  elections  and  on  agriculture  and  manufactures  ;  the 
clerk  of  the  committees  on  banips  and  on  military  affairs ;  and  the 
clerk  of  the  committee  of  roads  and  internal  navigation.     The  said 
clerks  shall  be  appointed  by  the  clerk  of  the  senate  and  the  clerk  of 
the  house,  of  delegates  respectively,  and  shall  perform  the  duties  of 
clerks  of  any  other  committees  in  their  respective  houses,  and  any 
similar  services  that  may  be  required  of  them,  without  additional 
compensation. 

9.  The  superintendent  of  the  penitentiary  shall  receive  annually  Superintendent 
the  sum  of  three  thousand  seven  hundred  and  fifty  dollars ;  the  first,  Af,bpiXirietutiary 
second,  third,  fourth,  fifth,  sixth,  seventh  and  eighth  assistant  keepers,  keepers  of  the 
each  fifteen  hundred  dollars  ;  and  at  the  end  of  each  fiscal  year  the  penitentiary 
superintendent  may  receive  an  additional  sum  of  one  thousand  dol- 
lars, and  each  assistant  keeper  an  additional  sum  of  five  hundred 

dollars,  if  the  net  profits  of  the  said  penitentiary  shall  amount  to  a 
sum  equal  thereto ;  but  if  the  profits  shall  not  be  sufficient  to  pay 


28  SALARIES. 

the  superintendent  and  assistant  keepers  the  sums  aforesaid,  they 
shall  be  paid  pro  rata.     The  clerk  of  the  penitentiary  shall  receive 
the  sum  of  two  thousand  dollars.     The  surgeon  of  the  penitentiary 
and  public  guard  shall  receive  the  sum  of  two  thousand  dollars. 
The  interior  guard  of  the  penitentiary  shall  receive  each  four  dol- 
lars per  day. 
Superintendent       10.    The  superintendent  of  public  buildings  shall  receive  annually 
of  public  build-   out  0f  the  treasury  a  salary  of  fifteen  hundred  dollars,  payable  as 
other  salaries  are  paid.     He  shall  also  receive  annually  out  of  the 
treasury  a  reasonable  sum,  to  be  appropriated  thereto,  not  to  exceed 
twelve  hundred  dollars,  payable  monthly  out  of  the  civil  contingent 
fund,  to  enable  him  to  pay  the  servants  and  assistants  he  may  have 
to  employ. 
Adjutant  gene-        11.    The  adjutant  general  shall  receive  for  his  services  four  thou- 
rrlrtnd  his  '       sand  five  hundred  and.  fifty  dollars,  payable  as  other  salaries  are  paid. 
He  shall  appoint  one  clerk  in  his  office,  who  shall  receive  a  salary  of 
two  thousand  six  hundred  and  twenty-five  dollars,  to  be  paid  as  other- 
salaries  are  paid.     He  shall  reside  at  or  near,  and  shall  keep  his 
office  at  the  seat  of  government ;  but  when  the  public  service  shall 
render  it  expedient,  the  governor  may  direct  him  to  remove  with  his 
office  to  any  other  place  within  the  state. 
Board  <>f  public      12.    The  board  of  public  works  shall  have  power  to  appoint  a  se- 
wwrlw  *°  ap-  ^    cretary,  whose  salary  shall  be  annually  three  thousand  three  hundred 
and  seventy-live  dollars.     He  shall  keep  a  record  of  the  official  acts 
of  the  board,  and  shall  discharge  such  other  duties  as  may  be  pre- 
scribed by  the  board.     The  proceedings  of  each  day  shall  be  signed 
by  the  person  presiding  on  that  day.     The  said  proceedings  shall  be 
at  all  times  open  to  inspection. 
Not  to  apply  to       13.    The  salary  of  each  of  the  officers  mentioned  in  the  preceding 
InofficV10*  n°W  sec*i°us  °f  this  act  shall  commence  on,  and  be  computed  from  the 
first  day  of  October  eighteen  hundred  and  sixty-three:  provided,  that 
this  section  shall  not  .be  construed  to  apply  to  persons  not  now  in 
office;  and  said  salaries  shall  be  payable  in  currency  receivable  by 
the  state  for  public  dues  at  the  times  when  such  salaries  shall  become 
due. 
Officer  not  to  14.    No  officer,  whose  salary  is  hereby  iucreased,  shall  receive  from 

receive  from  ,jie  treasury  any  other  compensation  for  services  hereafter  rendered, 
compensation  by  virtue  of  his  office  aforesaid,  than  the  salary  aforesaid;  and  the 
taan  his  salary    fees  and  other  perquisites  hereafter  accruing  and  now  allowed  by  law 

to  any  such  officer,  shall  be  paid  by  him  into  the  public  treasury. 
Commencement       15.    This  act  shall  be  in  force  from  its  passage,  and  shall  continue 
in  force  for  six  months  after  the  ratification  of  a  treaty  of  peace 
between  the  United  States  and  the  Confederate  States  of  America, 
unless  sooner  altered  or  repealed  by  the  general  assembly. 


acid  duration 


Chap.  18. — An  ACT  providing  Compensation  for  the  Pages  and  Porters  of 
the  Senate  and  House  of  Delegates,  and  for  the  Clerk  of  the  Joint  Com- 
mittee on  Salt,  and  the  Engineer  employed  to  examine  the  Condition  and 
Capacities  of  the  Salt  Works,  &c. 

Passed  February  15,  1864. 
Pages  1.    Be  it  enacted  by  the  general  assembly,  that  the  pages  of  the 

senate  and  of  the  house  of  delegates  shall  each  receive  the  sum  of  six 
dollars  per  day  for  their  services  during  the  session  of  the  general 
assembly;  to  be  paid  on  the  certificate  of  the  clerk  of  the  senate  and 
of  the  clerk  of  the  house  of  delegates  respectively. 
Porters  2.    The  porter  of  the  senate  and  the  porter  of  the  house  of  dele- 

gates shall  each  receive  for  their  services,  during  the  session  of  the 
general  assembly,  the  sum  of  six  dollars  per  da}' ;  to  be  paid  on  the 
certificate  of  the  clerk  of  the  senate  and  of  the  clerk  of  the  house  of 
delegates  respectively. 


SALARIES.  29 

3.  The  clerk  of  the  joint  committee  on  salt  shall  receive  for  his  cie.rk  of  joint 
services  as  such,  at  the  late  extra  session,  the  sum  of  ten  dollars  per  committee  on 
dav  for  such  number  of  days  as  he  was  actually  engaged  as  such ;  to 

be'paid  on  the  certificate  of  the  clerk  of  either  house  of  the  general 
assembly.  The  engineer  employed  by  the  joint  committee  on  salt  to  Engineer 
examine  and  report  on  the  condition  and  capacities  of  the  salt  wells, 
et  cetera,  shall  receive  the  sum  of  two  hundred  dollars ;  to  be  paid 
on  the  certificate  of  either  chairman  of  said  committee :  provided, 
that  the  several  sums  herein  named  shall  be  paid  in  such  currency 
as  is  received  by  the  state  in  payment  of  her  public  dues. 

4.  This  act  shall  take  effect  from  the  seventh  day  of  September  Commencement 
eighteen  hundred  and  sixty-three,  and  continue  in  force  during  the 

present  war. 


Chap.  19. — An  ACT  amending  and  re-enacting  the  7th  section  of  chapter 
165  of  the  Code  of  Virginia,  as  amended  by  the  act  passed  March  28th, 
1861,  entitled  an  act  to  increase  the  Pay  of  the  Commonwealth's  Attorney 
for  the  Circuit  Court  of  Ohio  County. 

Passed  February  12,.  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  seventh  section  Code  amended 
of  the  one  hundred  and  sixty-fifth  chapter  of  the  Code  of  Virginia  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  7.    Such  attorney  in  any  county  or  corporation  court  shall  be  Allowance  ro 
allowed  by  the  court  such  sum  as  it  deems  reasonable,  for  public  ser-  commonwealth** 
vices  (for  which  no  other  fee  or  reward  is  allowed  by  law),  which 
shall  be  chargeable  to  such  county  or  corporation ;  and  in  the  circuit 
court,  shall  be  allowed  by  it,  when  the  attorney  has  no  annual  salary, 
such  sum  as  it  deems  reasonable,  not  exceeding  in  one  year  three 
hundred  dollars ;  except  that  the  attorney  for  the  circuit  court  of  Eich-  in  Richmond 
mond  city  shall  hereafter  receive  annually  the  sum  of  three  thousand  city 
I  dollars ;  and  except  that  the  attorney  for  the  circuit  court  of  the  city  Lynchburg  and 
of  Lynchburg  shall  hereafter  receive  annually  the   sum   of  fifteen  Petersburg 
hundred  dollars  ;  and  except  that  the  attorney  for  the  circuit  court  of 
the  city  of  Petersburg  shall  hereafter  receive  annually  the  sum  of 
fifteen  hundred  dollars. 

2.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  in  CommencemeEt 
force  until  the  expiration  of  six  months  after  the  ratification  of  a 

treaty  of  peace  between  the  Confederate   States   and   the   United 
States,  unless  sooner  altered  or  repealed  by  the  general  assembly. 


Chap.  20. — An  ACT  authorizing  an  Increase  of  the  Salaries  of  the  Profes- 
sors of  the  University,  and  providing  for  the  Education  of  Persons  dis- 
abled by  Wounds  received  in  the  Public  Service. 
Passed  March  4,  1864, 

1.  Be  it  enacted  by  the  general  assembly,  that  in  lieu  of  the  Appropriation 
annuity  provided  for  in  the  fourth  section  of  chapter  seventy-nine  of 

the  Code  of  eighteen  hundred  and  sixty,  there  shall  be  appropriated 
annually  to  the  university  of  Virginia,  out  of  the  revenues  of  the 
literary  fund,  the  sum  of  thirty-seven  thousand  and  five  hundred  dol- 
lars, in  currency  receivable  at  the  treasury  in  payment  of  public  dues. 

2.  Be  it  further  enacted,  that  in  lieu  of  the  stated  salary  pre-  Salaries  of  pro- 
scribed in  the  tenth  section  of  the  eighty-third  chapter  of  the  Code  of  fessors 
eighteen  hundred  and  sixty,  and  in  addition  to  the  fees  of  tuition  to 

which  he  is  now  entitled  by  law,  each  professor  of  the  university  shall 
receive,  out  of  said  annual  appropriation,  a  sum  not  exceeding  three 
thousand  dollars. 

3.  Any  citizen  of  Virginia,  who  shall  have  been  discharged  from  Education  of 
the  military  service  of  the  state  or  of  the  Confederate  States  on  babied  soldiers 


30 


SALARIES. 


Ooiamencemeiit 
m'i  duration 


account  of  wounds  in  battle,  and  who  shall  satisfy  the  authorities  of 
the  university  that  lie  is  a  man  of  suitable  character  and  capacity  (and 
that  he  is  unable  to  pay  the  fees  and  charges),  shall  be  entitled  to 
the  full  course  of  instruction  at  the  university,  without  charge  for 
tuition,  use  of  laboratories,  lecture  rooms,  public  halls  or  dormitories. 
4.  The  first  and  second  sections  of  this  act  shall  take  effect  from 
the  first  day  of  October  eighteen  hundred  and  sixty-three,  and  shall 
continue  in  force  for  two  years  from  that  period,  unless  the  present 
war  with  the  United  States  terminates  before  that  time;  in  which 
event,  the  provisions  of  those  sections  shall  continue  in  force  until 
the  end  of  the  sessiou  thereafter,  and  no  longer ;  and  the  residue  of 
this  act  shall  be  in  force  from  its  passage. 


Chap.  21. — An  ACT  to  amend  and  re-enact  section  15  of  chapter  14  of  the 
Code  of  Virginia  (edition  of  ld60),  so  as  to  increase  the  Salary  of  the 
Printer  of  the  Senate. 

Passed  March  4,  1864. 

Code  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  fifteenth  section 
of  chapter  fourteen  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty),  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

Salary  "§15.    The  printer  of  the  senate  shall  receive  annually  the  sum 

of  twenty-four  hundred  dollars,  payable  in  the  currency  receivable, 
at  the  time  the  said  sala^r  is  due,  in  payment  of  taxes  and  other 
public  dues." 

Commencement  2.  This  act  shall  take  effect  on  the  first  day  of  October  eighteen 
hundred  and  sixty-three,  and  continue  in  force  during  the  present  war. 


Chap.  22. — An  ACT  to   increase  the   Compensation  of  the  Clerk   of  the 

Circuit  Court  of  the  City  of  Kk>hrnond. 

Passed  March  10,  1864. 

Salary  increased  1.  Be  it  enacted  by  the  general  assembly,  that  in  lieu  of  the  salary 
now  allowed  by  law  to  the  clerk  of  the  circuit  court  of  the  city  of 
Richmond,  he  shall  receive  a  salary  of  seven  hundred  and  fifty  dol- 
lars per  annum  for  the  years  eighteen  hundred  and  sixty-three  and 
eighteen  hundred  and  sixty-four. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  23. — An  ACT  to  amend  and  re-enact  section  44  of  chapter  49  of  the 
Code,  so  as  to  increase  the  Allowance  to  Sheriffs  and  Sergeants  for  Ser- 
vices to  the  Public. 

Passed  February  24,  1864. 

Code  amended        1.   Be  it  enacted  by  the  general  assembly,  that  the  forty-fourth 

section  of  chapter  forty-nine  of  the  Code  of  Virginia  be  amended  and 

re-enacted  so  as  to  read  as  follows : 
Allowance  "  §  44.    There  shall  be  chargeable  in  every  county  or  corporation 

such  sum  as  the  court  thereof  may,  for  services  to  the  public  of  the 

county  or  corporation,  allow  the  sheriff  or  sergeant  attending  it,  not 
Exception  as  to  exceeding  for  one  year  two  hundred  dollars ;  except  that,  the  corpora- 
Richmond        t  fton  COurt  of  Richmond  city  may  make  such  allowance  as  it  may  deem 

proper  to  its  sergeant,  for  services  for  which  no  other  compensation 

is  made  by  law." 
Commencement      2.   This  act  shall  be  in  force  from  its  passage,  and  shall  continue 

in  force  during  the  present  war. 


FEES.  31 

Chap.  24. — An  ACT  to  authorize  Clerks  of  Courts,  for  certain  services,  to 
charge  double  the  sums  specified  in  the  act  passed  March  '24,  I860,  enti- 
tled an  act  to  amend  and  re-enact  an  act  entitled  an  act  increasing  the 
Compensation  of  Clerks  of  Courts  during  the  existing  war. 
Passed  February  15,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  in  addition  to  thePeesofcien.es 
fees  now  authorized  by  an  act  passed  March  twenty-fourth,  eighteen  of  C0ln;ts  U! 
hundred  and  sixty-three,  entitled  an  act  to  amend  and  re-enact  an 

act  increasing  the  compensation  of  clerks  of  courts  during  the  exist- 
ing war,  the  said  clerks  are  hereby  empowered  to  charge  and  receive 
as  much  more  for  each  item  of  service  therein  mentioned  as  is  therein 
specified,  so  that  the  entire  charge  shall  be  double  the  sums  specified 
in  said  act  for  said  services,  payable  in  any  currency  receivable  by 
the  state  for  taxes  or  other  public  dues. 

2.  This  act  shall  be  in  force  from  its  passage,  and  continue  in  Commencement 
force  until  the  expiration  of  six  months  after  the  ratification  of  a and  dl,ration 
treaty  of  peace  between  the  Confederate  States  and  the  United  States, 

unless  sooner  modified  or  repealed ;  whereupon,  the  laws  in  force 
before  the  passage  of  this  act  and  that  of  twenty-fourth  March  eigh- 
teen hundred  and  sixty-three,  regulating  the  fees  of  clerks  of  courts, 
shall  be  deemed  to  be  in  full  force. 


Chap.  25. — An  ACT  to  amend  sections  31  and  32  of  chapter  184  of  the 

Code,  so  as  to  increase  the  Fees  of  Clerks  of  Courts  for  certain  services. 

Passed  February  11,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  thirty-first  and  Code  amended 
thirty-second  sections  of  chapter  one  hundred  and  eighty-four  of  the 

Code  of  Virginia  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  31.   When  the  court  is  sitting  for  the  examination  of  a  person  Felony  case  or 
charged  with  felony,  or  for  the  trial  of  a  negro,  ten  dollars,  to  be  trial  of  nesro 
charged  but  once  in  the  same  case,  whether  the  court  sit  therein  more 
than  one  day  or  not. 

"§  32.   For  services  rendered  the  commonwealth  in  a  civil  case,  Services  to  pub 
such  fees  as  would  be  charged  for  the  like  services  rendered  to  an  in- lic 
dividual ;  and  for  other  public  services,  unless  he  receives  an  annual  Allowance  by 
salary,  such  sum  as  the  court  may  allow  him,  not  exceeding  one  hun-  court 
dred  dollars  for  one  year." 

2.  This  act  shall  be  in  force  from  its  passage,  and  until  six  months  Commencement 
after  the  ratification  of  a  treaty  of  peace  between  the  Confederate 

States  and  the  United  States. 


Ciiap.  28.— An  ACT  to  amend  and  re-enact  the  J  3th,  33d,  34th  and  36th 
sections  of  chapter  184  of  the  Code  of  Virginia,  so  as  to  increase  the  Fees 
and  Compensation  of  Sheriffs  and  Sergeants. 
Passed  March  10, 1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  thirteenth,  Code  amended 
thirty-third,  thirty-fourth  and  thirty-sixth  sections  of  chapter  one 
hundred  and  eighty-four  of  the  Code  of  Virginia  be  amended  and 
re-enacted  so  as  to  read  as  follows  : 

"§13.   For  serving  on  any  person  a  declaration  in  ejectment,  or  Fees  of  sheriffs 
an  order,  notice,  summons  or  other  process,  where  the  body  is  not 
taken,  and  making  return  thereof,  one  dollar ;  except  that  the  fee  for 
summoning  a  witness  shall  only  be  fifty  cents.     For  serving  on  any 
person  an  attachment  or  other  process  under  which  the  body  is  taken, 
one  dollar  and  fifty  cents.     For  receiving  a  person  in  jail,  seventy- 
five  cents  ;  and  the  like  sum  for  discharging  him  therefrom.     For  For  conveying 
carrying  a  prisoner  to  or  from  jail,  for  each  mile  of  necessary  travel  Pri30nert0  -iai5 
either  in  going  or  returning,  twenty  cents.     For  taking  any  bond,  Taking  bond 


32  FEES. 

hnpanoeKiig       one  dollar.     Where  a,  jury  is  sworn  in  any  court,  for  summoning  and 
Writ  of  fie  it     rmpanneliug  such  jury,  three  dollars.     Where  a  jury  is  summoned 
upon  a  writ  of  elegit  or  ad  quod  damnum,  or  any  inquest  in  vacation, 
for  summoning  them,  three  dollars  :  and  for  attending  at  the  place  of 
inquisition         their  meeting,  three  dollars;  and  if  the  jury  attend-there,  and  an  in- 
quisition he  found  and  returned,  five  dollars.     For  serving  a  writ  of 
Distringas  possession,   three  dollars.     For  serving  a  writ  of   distringas  on  a 

judgment  or  decree  for  personal  property,  if  the  specific  thing  be 
Support  of  taken,  three  dollars.  For  keeping  and  supporting  any  slave  or  other 
prisoners  person  confined  in  jail,  for  each  day,  one  dollar  ;  and  a  fair  proportion 

Rate  to  be  pre-    of  said  sum  for  any  time  less  than  twenty-four  hours  :  provided,  that 
scribed  by  f^e  county  and  corporation  courts  of  the  commonwealth  may  establish 

county  court         .       ,-,     .      -,-.  ,.        L     -,.„.  ,   ,  ,,  ,, ,.,  ,  J 

ni  their  discretion  a  different  rate,  not  less  than  fifty  cents  nor  more 
Per  stock  than  four  dollars  per  diem.     For  keeping  and  supporting  any  horse 

or  live  stock  distrained  or  levied  on,  three  dollars  per  day  for  each 
horse,  mule  or  mare;  and  if  the  mare  have  a  suckling  colt,  no  more  ; 
one  dollar  per  day  for  each  hog.  or  head  of  horned  cattle,  and  fifty 
powers  of  courts  cents  per  day  for  every  sheep  or  goat.     The  court  of  any  county  or 
corporation  may  at  an}^  time,  when  the  acting  justices  have  been 
summoned  to  consider  the  subject,  and  a  majority  thereof  is  present, 
fix  or  alter  the  rates  to  be  thenceforth  paid  in  such  county  or  corpo- 
ration for  keeping  and  supporting  any  person  in  jail,  or  any  horse  or 
live  stock;  but  the  rates,  as  fixed  or  altered,  shall  never  exceed  those 
Keeping  pro-       herein  before  mentioned.     The  officer  shall  be  repaid  any  necessary 
t,tTly  expense  incurred  by  him  in  keeping  property  not  before  mentioned, 

How,  88  to  com-  or  in  removing  any  property ;  and  when,  after  distraining  or  levying, 
missions  ]le  neither  sells  nor  receives  payment,  and  either  takes  no  forthcoming 

bond,  or  takes  one  which  is  not  forfeited,  he  shall,  if  in  no  default, 
have   (in  addition  to  the  one  dollar  for  a  bond,  if  one  is  taken)  a  fee 
of  three  dollars,  unless  this  be  more  than  the  half  of  what  his  com- 
mission would  have  amounted  to  if  he  had  received  payment;  in 
which  case,  he  shall  (whether  a  bond  was  taken  or  not)  have  a  fee  of 
sixty  cents  at  the  least,  and  so  much  more  as  is  necessary  to  make  the 
said  half.     The  commission,  to  be  included  in  a  forthcoming  bond 
(when  one  is  taken),  shall  be  five  per  centum  on  the  first  three  hun- 
dred dollars  of  the  money  for  which  the  distress  or  levy  is,  and  two 
per  centum  on  the  residue  of  said  money ;  but  such  commission  shall 
not  be  received,  unless  the  bond  be  forfeited,  or  the  amount  (including 
Commission  for   the  commission)  be  paid  to  the  plaintiff.     An  officer  receiving  pay- 
Brfiing  goods       ment  in  money  on  selling  goods,  shall  have  the  like  commission  of 
five  per  centum  on  the  first  three  hundred  dollars  of  the  money  paid 
On  forthcoming  or  proceeding  from  the  sale,  and  two  per  centum  on  the  residue  ;  ex- 
bond  cept  that  when  such  payment  or  sale  is  on  an  execution  on  a  forth- 

coming bond,  his  commission  shall  be  only  half  what  it  would  be  if 
the  execution  were  not  on  such  bond." 
Code  amended        2.    The  thirty-third  section  of  chapter  one  hundred  and  eighty- four 

is  hereby  amended  and  re-enacted  so  as  to  read  as  follows : 
Conveying  pri-        "§33.    For  an  arrest  for  felony,  two  dollars  and  fifty  cents  ;  and 
sonertojaU       for  conveying  any  person  charged  with  or  convicted  of  felony  to  iaih 

or  penitentiary  r  ■    m  I  n  ^      ai  -a       a-  e  i         -i      • 

or  from  one  jail  to  another,  or  to  the  penitentiary,  ior  each  mile  m 
Expenses  to  be  going  and  returning,  twenty  cents.  The  officer  shall  also  be  allowed 
allowed  for  the  support  of  the  prisoner  during  the  removal,  and  for  assistance 

to  make  the  arrest  or  effect  the  removal,  such  charge  as  may  have 
been  necessarily  incurred  by  him,  to  be  shown  by  his  own  affidavit; 
and  where  he  has  assistance,  by  the  affidavit  also  of  each  person  em- 
ployed by  him  ;  such  charge  for  assistance  not  to  exceed,  where  it  is 
in  making  an  arrest,  two  dollars  per  day  for  each  person  employed 
to  assist  him,  and  not  to  exceed,  where  it  is  in  conveying  a  prisoner, 
twenty  cents  per  mile  going  and  returning,  for  each  guard." 
Code  amended  3.  The  thirty-fourth  section  of  chapter  one  hundred  and  eighty- 
four  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows  : 
Venire  facias  "§  34.   For  executing  a  writ  of  venire  facias,  four  dollars;  for 


COMMEECIAL    AGENCY.  3S  ' 

whipping  a  free  person,  by  order  of  a  court  or  justice,  one  dollar ;  Whipping 
and  for  executing  a  sentence  of  death,  ten  dollars,  in  addition  to  the  Sentence  of 
expenses  actually  incurred  by  the  officer  in  its  execution."  death 

4.  The  thirty-sixth  section  of  chapter  one  hundred  and  eighty- four  Code  amended 
is  hereby  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  36.   For  attending  any  circuit  court,  and  for  all  services  for  the  Attendance  ca 
commonwealth,  not  otherwise  provided  for,   such  sum  as  the  said  circmt  eomtg 
court  may  allow  him,  not  exceeding  two  hundred  dollars  for  one 
year." 

5.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  during  the  present  war. 


CHap.  27. — An  ACT  concerning  Jailors'  Fees. 
Passed  February  27,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  in  all  cases  where  Jailor's  fees, 
the  court  of  a  county  or  corporation  may  have,  since  the  second  day  how  £xed  b^ 
of  October  eighteen  hundred  and  sixty-three,  and  prior  to  the  passage 

of  this  act,  fixed  a  jailor's  fees  for  keeping  and  supporting  prisoners, 
nmder  the  act  passed  October  second,  eighteen,  hundred  and  sixty- 
three,  entitled  an  act  to  increase  jailors'  fees  for  keeping  and  sup- 
porting prisoners,  the  fees- so  fixed  by  the  court  shall  be  paid  from  From  what  time 
the  time  fixed  by  the  court:  provided  the  time  is  fixed  on  or  subse-  tobePaid 
quent  to  the  second  day  of  October  eighteen  hundred  and  sixty- 
three  ;  and  if  the  time  has  not  been  fixed  by  the  court,  the  fees  fixed 
by  the  court  shall  be  paid  for  the  time  of  imprisonment  of  such 
prisoner :  provided  such  fees  shall  not  be  paid  for  any  time  of  im-  Proviso 
prisonment  prior  to  said  second  day  of  October  eighteen  hundred  and 
sixty-three.     Nothing  herein  contained  shall  be  so  construed  as  -to  Act  of  1663  «m- 
repeal,  modify  or  alter  said  act  of  October  second,  eighteen  hundred  tmued 
and  sixty-three,  or  abridge  the  power  of  the  court  given  by  said  act. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  28. — An  ACT  to  provide  for  the  Purchase  and  Distribution  among" 
the  People  of  the  State,  of  Cotton,  Cotton  Yarns,  Cotton  Cloths  and 
Hand  Cards. 

,  Passed  March  P,  IS64. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  is  state  agency 
hereby  authorized  and  required  to  establish  a  state  agency  in  the 

city  of  Eichmond,  for  the  purpose  of  purchasing  for  and  selling  to 
the  people  of  this  state,  raw  cotton,  cotton  yarns,  cotton  cloths,  cotton 
and  woolen  cards ;  and  to  this  end,  he  shall  appoint  an  agent,  to  be 
known  by  the  name  and  style  of  The  Commercial  Agent  of  Virginia ;  Commercial 
who  shall,  before  entering  upon  the  discharge  of  the  duties  of  his  |?en.t 
office,  execute  a  bond  with  sufficient  sureties,  before  the  governor,  to 
be  approved  by  him,  in  the  penalty  of  three  hundred  thousand  dol- 
lars, conditioned  for  the  faithful  discharge  of  his  duties  under  this  or 
any  future  act.     In  case  such  agent  shall  fail  to  execute  said  bond  as 
required,  or  if  from  any  cause  a  vacancy  may  occur,  another  shall  be 
appointed  by  the  governor,  subject  to  the  same  terms  and  conditions. 
And.  whenever  sucli  agent  shall  become  interested,  directly  or  indi-  Agent  not  tc  be 
rectly,  in  the  purchase  and  sale  of  raw  cotton,  cotton  yarns,  cotton  mterested 
cloths,  cotton  and  woolen  cards,  or  either  of  such  articles,  his  office 
shall  be  declared  vacant ;  and  he  may  moreover  at  any  time  be  re- 
moved by  the  governor. 

2.  Such  agent,  with  the  approval  of  the  governor,  is  authorized  to  storehouse 
select  and  rent  a  suitable  building  or  buildings  in  the  city  of  Pdch- 

rnond,  for  a  state  storehouse,  and  to  employ  one  or  more  clerks  and 
3 


34  COMMERCIAL    AGENCY. 

such  laborers  a3  may  be  necessary  to  aid  and  assist  Lira  in  tlie  dis- 
cbarge of  his  duties  under  this  act. 
Requisition  on        3.   The  governor  is  hereby  authorized  ami  required  to  make  requi- 
factoriea  sitions  upon  the  president  and  directors  of  the  several  incorporated 

cotton  factories  within  this  commonwealth,  and  the  owners  or  lessees 
of  such  as  are  not  incorporated,  to  manufacture  raw  cotton,  to  be 
furnished  by  the  state  agent,  into  cotton  j'arns,  from  numbers  four  to 
twelve,  both  numbers  inclusive,  or  cotton  cloth,  plain  and  unbleached. 
The  gross  amount  of  such  requisitions  shall  be  apportioned  amono; 
the  several  factories  referred  to,  according  to  their  respective  capa- 
cities to  produce  such  yarns  and  cloths.  The  compensation  of  each 
of  such  factories,  for  the  yarns  and  cloths  so  manufactured  on  state 
account,  shall  not  exceed  the  price  paid  for  the  manufacture  of  simi- 
lar goods  by  the  confederate  government,  deducting  therefrom  the 
cost  of  the  raw  material  furnished  by  the  state.  But  the  proceeds 
and  labor  of  said  factories  shall  not  be  required  for  the  use  of  the 
state,  so  as  to  interfere  with  or  impede  the  operations  of  the  same 
for  the  confederate  government. 
Penalties  '    4.    If  any  such  cotton  factory  shall  fail  or  refase  to  comply  with 

the  requisition  of  the  governor  or  the  provisions  of  this  act,  such 
company  shall  be  deemed  giiilty  of  a  misdemeanor,  and  shall  forfeit 
to  the  state,  for  each'offenee,  the  sum  of  five  thousand  dollars ;  to  be 
recovered  by  motion  in  the  circuit  court  of  the  city  of  Richmond* 
and  paid  into  the  public  treasury :  and  it  shall  be  the  duty  of  the 
governor  to  inform  the  auditor  of  public  accounts  of  every  violation 
of  this  act,  who  shall  forthwith  proceed  to  enforce  the  collection  of 
the  penalty  hereby  imposed. 
Bsties  of  agent  5.  It  shall  be  the  duty  of  such  agent,  subject  to  the  control  of  the 
governor,  to  purchase,  for  cash,  raw  cotton,  cotton  yarns,  cotton 
cloths,  cotton  and  woolen  cards  in  this  or  any  other  of  the  states  of 
this  Confederacy,  and  have  the  same  deposited  in  the  state  storehouse. 
Goods,  how  sold  The  said  raw  cotton,  cotton  yarns,  cotton  cloths,  cotton  and  woolen 
cards  shall  be  sold  by  such  agent  at  cost  and  charges,  including  in- 
terest on  advances,  and  all  expenses  of  the  agency,  to  the  different 
Agents  or  counties,  cities  and  towns,  through  duly  accredited   agents,  to  be 

county  conrt.i     appointed  by  the  county  and  corporation  courts  respectively:  or  when 
sence^enemy   sa^  courts  cannot  meet  because  of  the  presence  or  proximity  of  the 
■ "    public  enemy,  by  the  governor,  on  the  recommendation  of  three  or 
more  justices  of  said  county,  or  of  the  senator  and  delegate  or  dele- 
s     gates  representing  such  county  in  the  general  assembly.     But  no 
agent  of  any  county  or  corporation  shall  be  entitled  to  act  as  such 
until  he  shall  have  given  bond,  with  sufficient  sureties,  in  a  penalty 
to  be  fixed  by  the  county  and  corporation  courts,  for  the  faithful  dis- 
Boniisrcquirei   charge  of  his  duties.     Said  bonds  shall  be  taken  and  approved  by 
said  courts,  when  the  appointments  are  made  by  them,  and  by  the 
governor,  when  the  appointment  is  made  by  him.     Any  county  agent 
WTia'  counties    shall  pay  cash  for  all  purchases  authorized  to  be  made  by  him.    Such 
may  receive       counties,  cities  or  towns,  through  their  agents,  may  demand  and  re- 
ceive from  the  state  agent  raw  cotton,  cotton  yams,  cotton  cloths, 
cotton  and  woolen  cards,  in  a  proportion  corresponding  to  the  popu- 
lation of  such  county,  city  or  town,  including  refugees  and  sojourn- 
ers who  are  citizens  of  this  state;  and  such  agents  shall  sell  to  refu- 
gees and  to  persons  temporarily  sojourning  in  their  counties,  cities 
and  towns,  as  well  as  to  permanent  citizens  thereof,  for  their  own 
Power3of  and  for  family  use,  and  not  to   speculators  or  retailers:  provided, 

agents,  bow        however,  that  the  said  courts  and  the  governor  shall  respectively  have 
power  to  revoke  any  appointment  of  agent  made  by  them,  whenever 
they  deem  it  proper  to  do  so,  and  shall  in  like  manner  appoint  another 
Moneys,  bow      agent  in  place  of  the  one  so  removed.     All  the  money  arising  from 
Paidia  such  sales  shall  be  paid,  on  the  last  day  of  every  month,  into  the  pub- 

lic treasury,  by  the  agent. 
Appropriation         6.   For  the  purpose  of  carrying  the  provisions  of  this  act  into  effect. 


EAIL   ROADS.  35 

the  sura  of  five  hundred  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated ;  to  be  paid  from  time  to  time  on  the 
order  of  the  agent,  approved  by  the  governor.     And  the  said  sum,  or  when  may  be 
part  thereof,  may  in  like  manner  be  redrawn  from  the  treasury,  if  withdrawn 
the  said  agent  shall  in  the  interim  have  repaid  into  the  treasury  the 
amount  theretofore  drawn,  or  part  thereof;  but  at  no  time  shall  such 
redraft  be  made  for  an  amount  greater  than  what  said  agent  has  paid 
into  the  treasury ;  so  that  at  no  time  shall  he  have  in  his  hands,  in  Limitation  of 
money  and  goods,  more  than  three  hundred  thousand  dollars  in  value,  of'affent"1  hands 
And  all  such  sums  so  paid  into  the  treasury  by  the  agent  are  hereby 
reappropriated  for  the  purposes  of  this  act. 

7.  The  said  agent  shall  report  to  the  governor,  on  the  first  day  of  Reports  of  agent 
January,  April,  July  and  October  in  each  year,  a  full  statement  of 

his  transactions?,  showing  accounts  of  his  purchases  and  his  sales,  and 

of  the  expenses  of  the  agency ;  and  the  governor  shall,  at  the  times  Commissioner  to 

aforesaid,  and  oftener,  if  he  deems  it  proper  so  to  do,  appoint  a  com-  e*amine  affairs 

•     ■  i        i    ,i      i      t  i        ^    i  •    j.  \tr      j.  i      j.  of  state  agency 

rmssioner,  who  shall,  after  being  duly  sworn,  go  into  the  state  store- 
house and  examine  the  agent's  books,  vouchers  and  papers,  and  take 
an  account  of  the  operations  of  the  agency,  and  make  to  the  gover- 
nor, without  delay,  a  full,  faithful  and  true  report  thereof.  He  shall 
also  examine  the  agent's  bond,  and  report  whether  it  conforms  to 
law ;  and  whether  the  sureties  thereto  are  good  and  sufficient.  The 
agent  shall  also  preserve  vouchers  for  all  his  transactions,  for  exami- 
nation by  any  commissioner  which  the  general  assembly  or  other 
authority  may  from  time  to  time  appoint  for  the  purpose. 

8.  The  agent  shall  be  allowed  an  annual  salary  of  five  thousand  Salary  of  agent 
dollars,  payable  quarter  yearly,  and  actual  necessary  traveling  ex-  0f  clerks 
penses  incurred  by  him  or  his  clerk  in  making  purchases  for  this 

agency ;  and  the  clerk  or  clerks  shall  be  allowed  such  compensation 
as  the  said  agent  may  deem  reasonable,  not  to  exceed  the  sum  of 
twenty-two  hundred  and  fifty  dollars  each  per  annum. 

9.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  during  the  present  war. 


Chap.  29. — An  ACT  to  authorize  the  Board  of  Public  Works  to  increase 
the  Kates  of  Toll  to  be  charged  by  Rail  Road  and  other  Companies,  and 
declaring  certain  Duties  and  Liabilities  of  Eail  Road,  Express  and  other 
Companies. 

Passed  March  10,  1864. 

1.   Be  if  enacted  by  the  general  assembly,  that  whenever  any  rail  Rates  of  toll, 
road,  turnpike,  toll  bridge,  canal  or  navigation  company  in  this  state,  how  increa8ed 
whose  rates  of  toll  are  limited  by  its  charter  or  by  any  provision  of 
law,  shall  desire  to  increase  the  same,  such  company  shall  prepare  a  Tariff  of  toils 
tariff  of  the  tolls  proposed  to  be  charged,  and  shall  submit  the  same 
to  the  board  of  public  works,  for  their  revision ;  and  such  company  How  revised 
shall,  at  least  once  in  every  three  months  thereafter,  in  like  manner 
prepare  and  submit  to  said  board  a  tariff  of  tolls,  for  like  revision. 
The  said  board  shall  have  authority  to  make  any  change  therein,  Power  of  board 
deemed  by  them  to  be  proper;  and  said  tariffs,  so  revised  and  cor- of  PublIc works 
rected,  shall  thereafter  be  the  lawful  rate  of  toll  to  be  charged  by 
said  company,  and  shall  continue  as  such  until  changed  upon  like 
submission  and  revision :  provided,  that  for  express  freight  on  pack-  Rate  of  charge 
ages  not  weighing  more  than  two  hundred  and  twenty-five  pounds, 
carried  by  any  rail  road  company  on  its  own  account,  the  said  rail 
road  company  may  increase  the  rates  of  transportation  one  huidred 
per  centum  over  the  rates  for  first  class  freight,  and  if  carried  for 
express  companies,  not  over  seventy-five  per  centum :  provided,  that  Duties  of  com 
no  such  rail  road,  canal  or  navigation  company  shall  be  entitled  to  Ea?-y  a8  *°  fir„e' 

■  v.  ■    -I   _         £i  ,,  •         ,  i        °      i  1       J  i     n  .  n     . ,  light,  water,  &c 

tne  privileges  of  tins  act,  unless  such  company  snail  provide  its  cars 


36  RAIL   HOADS. 

find  boats  intended  for  the  conveyance  of  passengers,  with  an  ample 
supply  of  fuel,  light  and  water,  and  shall  keep  the  same  clean  and 
neat  for  the  comfort  of  persons  traveling  therein :  and  on  complaint 
to  the  board  of  public  works,  by  any  such  traveler,  that  any  such 
company  has  failed  to  supply  such  comforts,  they  shall  examine  into 
penalties  for  the  case ;  and  if  the  truth  of  the  complaint  be  established,  then  the 
failure  rates  of  toll  to  be  charged  by  the  company  so  failing  shall  thereafter 

As  to  officers      be  the  rates  heretofore  provided  by  law ;    but  if  it  shall  be  found, 
upon  investigation,  that  the  officers  of  said  road,  canal  or  navigation 
company  used  due  diligence  to  furnish  these  articles,  and  that  the 
default  was  in  consequence  of  the  failure  of  some  of  their  subordi1 
nate  officers,  in  violation  of  their  orders  or  rules,  that  they  may  be 
excused,  upon  discharging  from  their  employment  the  party  so  vio- 
lating their  orders  and  rules;  and  the  officer  so  discharged  shall  not 
'  be  reinstated  in  his  place  during  the  present  war. 
Ticket  offices   ;      2.   ft  shall  also  be  the  duty  of  the  rail  road  companies  to  have 
and  baggage       their  ticket  offices  opened,  and  their  agents  for  the  sale  of  tickets  in 
attendance,  and  at  the  termini  of  such  road  the  passenger  cars  open 
for  the  admission  of  passengers,  and  baggage  cars  for  the  reception 
of  baggage,  at  least  one  hour  before  the  advertised  hour  of  departure 
of  such  train. 
Connecting  3.   It  shall  be  the  duty  of  rail  road  companies  whose  roads  connect, 

roads  to  run  their  trains  in  connection,  unless  the  board  of  public  works, 

for  good  and  sufficient  reasons,  to  be  reported  to  the  general  assem- 
Powers  of  board  bly,  shall  release  them  from  this  obligation ;  and  if  said  companies 
of  public  works  >shall  fail  to  run  in  connection,  or  shall  be  unable  to  agree  upon  a 
time  table  for  running  their  several  trains,  so  as  to  connect  as  afore- 
said, the  board  of  public  works  shall  prescribe  the  regulations  for 
running  the  several  trains,  and  said  companies  shall  conform  thereto : 
Exigencies  of     provided,  that  the  exigencies  of  the  military  service  or  wants  of  the 
military  service  confederate  government  interrupting  said  schedule  at  any  time,  shall 
exempt  any  rail  road  or  canal  or  navigation  company  from  all  blame 
Through  tickets  or  penalties  under  this  act.     It  shall  also  be  the  duty  of  said  compa- 
and  checks         nies,  when  any  passenger  may  desire  a  through  ticket  from  any  ter- 
minus of  any  of  said  roads,  or  from  any  station  at  or  near  a  town  or 
courthouse,  or  at  which  a  stage  regularly  runs  to  any  terminus,  or  to 
any  such  station  or  depot  along  said  connecting  roads,  to  deliver  to 
him,  on  payment  of  fare,  a  ticket  and  a  check  for  his  baggage,  spe- 
cifying on  the  face  of  the  ticket  the  points  from  and  to  which  such 
passenger  is  to  be  conveyed;    and  said  companies  shall  deliver  to 
any  passenger  who  may  get  on  such  trains  at  any  other  depot  or  sta- 
tion than  those  before  mentioned,  a  check  for  his  baggage  to  and 
from  any  depot  or  station  on  such  roads;  and  said  companies  shall 
receive  and  transport  such  passenger  and  baggage  to  the  point  of 
destination,  and  shall  settle  between  themselves  the  compensation 
each  is  to  receive  for  such  service ;  and  if  they  cannot  agree  in  re- 
gard thereto,  the  board  of  public  works  are  hereby  authorized  to  fix 
such  compensation,  and  to  revise  and  fix  the  tariff  of  charges  for  such 
Less  of  baggage  through  service.     In  the  event  of  any  loss  of  baggage  thus  trans- 
ported, the  owner  thereof  may  maintain  an  action  for  the  recovery  of 
damages  jointly  against  all  or  against  either  of  the  rail  road  compa- 
nies respectively,  whose  lines  of  road  are  embraced  within  the  route 
over  which  such  passenger  and  baggage  are  to  be  conveyed,  in  which 
action  such  ticket  and  check  shall  be  evidence,  and  obtain  a  joint  or 
several  judgment  and  execution  for  the  amount  of  said  recovery  in 
the  courts  of  any  counties  in  which  either  of  said  companies  are  now 
Liability  of  com- liable  to  be  sued:  provided,  however,  that  in  order  to  fix  the  final 
liability  on  the  company  really  delinquent  in  said  loss,  either  one  or 
more  of  the  companies  against  whom  such  recovery  may  be  had, 
shall,  after  satisfying  the  same,  have  a  right  of  action  in  like  manner 
over  against  either  of  the  companies  embraced,  liable  as  aforesaid. 
Fines  Any  rail  road  company  failing  to  deliver  a  check  or  ticket  when  re- 


KAIL   ROADS.  37 

quested  as  aforesaid,  shall,  in  addition  to  the  recovery  provided  in 
the  preceding-  section,  be  liable  to  a  fine  of  not  less  than  fifty  nor 
more  than  one  thousand  dollars ;  to  be  recovered,  for  the  benefit  of 
the  commonwealth,  by  motion,  after  twenty  days'  notice,  in  any  of 
the  courts  aforesaid. 

4.  If  any  company  shall  be  dissatisfied  with  the  rate  so  prescribed,  How,  if  com- 
and  shall  refuse  to  abide  by  the  decision  of  said  board,  the  tolls  es-  pany  dissatisfied 
tablished  by  their  charters  and  by  the  provisions  of  law,  shall  con- 
tinue to  be  the  rates  to  be  charged  by  said  company. 

5.  That  it  shall  not  be  lawful  for  any  express  company  to  charge  As  to  express 
a  higher  rate  of  compensation  for  express  freight  carried  over  any  c^m^a^'es' rate 
rail  road  than  fifty  per  centum  on  the  amount  the  said  rail  road  com- 
pany is  authorized  to  charge  for  like  freight. 

6.  All  packages  of  two  hundred  pounds  or  less,  intended  for  sol-  Packages  for 
diers  in  camp  or  hospitals,  shall  be  transported  in  turn,  at  one-half soldiers 
the  tariff  charges  allowed  for  the  transportation  of  similar  packages. 

7.  Every  express  company  shall,  upon  the  payment  or  tender  of  Duties  of  ex- 
the  lawful  rates  of  toll,  transport  to,  and  deliver  at  their  proper  des-  press  comPame8 
tination  on  the  line,  or  at  the  terminus  of  the  line  of  such  company, 

to  be  indicated  by  the  owner,  such  articles  as  shall  be  delivered  or 
offered  at  its  office,  or  other  receiving  place,  in  proper  condition  to 
be  transported.  The  property  of  all  persons  shall,  as- far  as. practi- 
cable, be  transported  in  the  order  of  time  in  which  it  shall  be  de- 
livered and  offered,  and  the  tolls  paid  or  tendered. 

8.  If  any  express  company  shall,  after  payment  or  tender  of  the  Fines  for  failura 
lawful  tolls,  fail  to  receive  or  to  transport,  or  to  deliver  in  a  reason- 
able time  any  property  so  delivered  or  offered,  or  if  the  said  company 

shall  demand  and  receive  more  than  is  lawful,  it  shall  forfeit  and  pay 
to  the  injured  party  a  sum  (to  be  recovered  by  motion  or  action)  of 
not  less  than  fifty  nor  more  than  five  hundred  dollars;  and  a  re- 
covery under  this  section,  shall  not  prejudice  any  claim  or  action 
against  such  company  independent  of  this  section. 

9.  The  liability  of  a  rail  road  or  express  company,  as  a  common  Liability  as  a 
carrier,  shall  net  be  diminished  or  removed  by  any  notice  or  by  any  common  carrier 
contract,  unless  the  same  be  in  writing,  signed  by  the  parties. 

10.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  during  the  continuance  of  the  present  war,  and  for  one  year 
thereafter,  and  no  longer. 


Chap.  30. — An  ACT  authorizing  Rail  Road  Companies  and  other  Corpora- 
tions to  pay  their  Indebtedness  to  the  Commonwealth  in  a  certain  manner. 
Passed  January  25,  1864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  it  shall  indebtedness 
be  lawful  for  any  rail  road  or  other  corporation  indebted  to  this  state,  may  be  paid 
where  the  debt  is  not  due,  to  pay  said  indebtedness  into  the  treasury 

before  maturity  thereof.     But  all  such  payments  shall  be  made  in  the  How  paid, 
registered  or  coupon  bonds  of  this  state ;  which  the  second  auditor  is 
directed  and  required  to  receive  at  par  from  such  corporation.     Any 
bonds  so  obtained  by  such  sale  shall  constitute  a  part  of  the  sinking 
fund. 

2.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  until  six  months  after  the  ratification  of  a  treaty  of  peace 

between  the  Confederate  States  and  the  United  States,  unless  sooner 
altered  er  repealed  by- the  general  assembly  of  Virginia. 


38  INTERNAL   IMPROVEMENTS. 

Chap.  31. — An  ACT  authorizing  the  increase  of  the  Capital  Stock  of  the 

Virginia  and  Tennessee  Kail  Road  Company. 

Parsed  December  17,  1863. 

Capital  in-  1.   Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 

cieasea  for  fne  stockholders  of  the  Virginia  and  Tennessee  rail  road  com- 

pany, at  any  general  or  special  meeting  thereof,  to  increase  the  capi- 
tal stock  of  the  company,  so  that  such  increase,  added  to  the  original 
capital  stock,  shall  not  exceed  the  amount  of  seven  millions  of  dol- 

How  increased  lars,  by  issuing  to  each  of  its  stockholders  certificates  for  additional 
amounts  of  stock  therein,  ratably,  not  exceeding  the  amounts  of 
stock  at  present  held  by  them  respectively  :  provided,  that  such  in- 
crease of  issues  of  stock  shall  not  exceed  in  the  aggregate  the  amount 
of  principal  actually  paid  in,  either  from  the  earnings  of  said  road, 
or  loans,  in  addition  to  the  original  capital  stock,  and  expended  in 
construction. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  32. — Au  ACT  recpiiring  Rail  Road  and  Canal  Companies  to  trans- 
port Troops  and  Munitions  of  War,  without  the  right  to  demand  prepay- 
ment of  Fare. 

Passed  February  19,  1864.-' 

Duty  as  to  2.   Be  it  enacted  by  the  general  assembly,  that  in  time  of  war,  in- 

transportation  vasion  or  insurrection,  it  shall  be  the  duty  of  rail  road  and  canal 
companies  within  this  commonwealth,  and  all  common  carriers  en- 
gaged in  the  business  of  transportation  upon  the  rail  roads,  rivers 
and  canals  therein,  promptly  to  receive  and  transport  all  troops  in 
the  military  or  naval  service  of  the  state,  with  their  baggage,  and  all 
arms  and  munitions  of  war,  when  such  transportation  is  demanded 
by  the  proper  authorities  as  immediately  necessary,  without  having 
the  right  to  require  the  payment  of  the  legal  fare  therefor  in  advance. 
Penalty  2.   Any  corporation  or  common  carrier  violating  the  provisions  of 

the  foregoing  section,  shall  be  fined,  on  conviction  thereof,  not  ex- 
ceeding ten  thousand  dollars. 
As  to  arms,  3.   All  arms,  munitions  or  baggage  belonging  to  troops  -or  persons 

r-mrnunitioD,  &c  }n  the  military  or  naval  service  of  the  state  or  confederate  govern- 
ment, shall  be  transported  upon  any  rail  road  subject  to  the  authority 
of  the  state,  upon  the  terms  stated  in  the  twenty-fifth  section  of  the 
sixty-first  chapter  of  the  Code  (edition  of  eighteen  hundred  and 
sixty),  whether  the  said  arms,  munitions  or  baggage  shall  lie  trans- 
ported upon  the  same  trains  and  at  the  same  time  with  the  said 
troops  or  persons,  or  at  any  other  time. 
•Commencement      4.    This  act  shall  be  in  force  from  its  passage. 


Chap.  33. — An  ACT  requiring  the  Board  of  Public  Works  to  suspend  the 
payment  of  any  subscription  on  the  part  of  the  State  to  certain  Internal 
Improvement  Companies. 

Passed  February  24,  1864. 

Subscription  1-   Be  it  enacted  by  the  general  assembly,  that  the  board  of  public 

suspended  works  be  and  they  are  hereby  required  to  suspend,  until  otherwise 

provided  by  law,  making  or  carrying  into  effect  any  subscription  on 
the  part  of  the  state  to  internal  improvement  companies  authorized 
by  existing  acts,  passed  before  the  commencement  of  the  present  war 

in  what  cases  between  the  Confederate  States  and  the  United  States,  in  which  com- 
panies the  private  stockholders  have  not,  prior  to  the  first  day  of  July 
eighteen  hundred  and  sixty-one,  paid  to  the  respective  treasurers  of 
said  companies  the  amount  of  their  respective  subscriptions,  and 
caused  the  same  to  be  certified  to  the  bgard  of  public  works  according 

Praise  as  to      to  law;  and  in  no  case  shall  any  farther  payment,  on  account  of  sub- 


CANALS. TRADING  ON  BOATS.  39 

(jcriptions  made  by  the  state  to  any  internal  improvement  company,  manner  of  pay- 
be  hereafter  made,  in  bonds  or  certificates  of  debt  of  the  state,  but  meBt 
such  payments  shall  be  made  in  the  currency  received  at  the  time  by 
the  state  for  taxes. 
2.   This  act  shall  be  in  foree  from  its  passage.  Commencement 


Crap.  34. — An  ACT  to  authorize  the  James  River  and  Kanawha  Company 
and  all  other  Navigation  Companies  to  regulate  all  Charges  by  Boats  and 
Boat  Owners  using  the  Works  and  Improvements  of  the  said  Companies. 
Passed  March  JO,  1864. 

1.  Be  it  enacted,  that  the  James  river  and  Kanawha  company  and  Tariff  of 
all  other  navigation  companies  in  this  state  be  and  they  are  hereby  c^arg.ei?'  ^ow 
authorized  to  prescribe  a* tariff  of  charges,  with  the  approval  of  the  p'  '' 
board  of  public  works,  for  freights  and  transportation  of  every  kind 

npon  their  lines  of  improvement,  and  also  to  prescribe  the  rates  of 
fare  upon  the  packet  boats  using  said  lines  and  carrying  passengers, 
and  to  make  such  regulations  for  the  conduct  and  management  of  the 
•said  packet  boats  and  freight  boats  as  they  may  deem  proper. 

2.  The  board  of  public  works  shall  prescribe  and  publish  such  Penalties;  hew 
penalties  for  the  violation  of  the  regulations  herein  before  provided  ir-"P03ed 

for,  as  they  may  deem  proper,  which  shall  be  a  charge  upon  the  delin- 
quent boat  as  well  as  the  owner  thereof;  and  they  may  prohibit  such 
delinquent  boat  from  using  any  such  line  of  improvement  until  the 
penalty  incurred  by  it  has  been  paid.  All  penalties  incurred  under  How  recovered 
this  act  shall  be  recoverable  according  to  the  provisions  of  the  first 
section  of  chapter  forty  of  the  Code  (edition  of  eighteen  hundred  and 
sixty). 

3.  This  act  shall  be  in  force  from  its  passage,  and  until  the  expi-  Commencement 
ration  of  six  months  after  peace  between  the  United  States  and  the 
Confederate  States  shall  have  been  established. 


Chap.  35. — An  ACT  more  effectually  to  suppress  unlawful  Trading   on 

Boats  plying  the  Rivers  and  Canals  of  the  Commonwealth.. 

Passed  February  11,  1864. 

1.  Be  it  enacted  hy  the  general  assembly,  that  if  the  master  or  Articles  not  to 
other  person  in  charge  of  any  canal  boat,  batteau  or  other  boat  ply-  pj  soid^-iav? 
ing  on  the  eanals  or  rivers  of  this  state,  permit  any  article  to  be  cr  free  negroes 
bought  from,  or  sold  to,  or  exchanged  on  board  of  his  boat  or  bat- 
teau, with  any  free  negro  not  having  such  certificate  as  is  described 

in  the  thirty-seventh  section  of  chapter  one  hundred  and  ninety-eight 
of  the  Code  of  Virginia,  or  with  a  slave  not  having  the  written  per- 
mission of  his  master,  by  any  person  connected  with  his  boat  cr 
batteau,  and  under- his  charge,  other  than  a  free  white  passenger,  he 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars;  and  if  a  free  negro,  be  also  punished  with  stripes. 

2.  And  if  such  master  or  other  person  in  charge  of  any  such  boat  when  master 
or  battean,  permit  any  article  bought  or  received  from  a  free  negro  IiaWe  t0  flne 
not  having  such  certificate,  or  from  a  slave  not  having  such  permis- 
sion, to  be  brought  upon  his  boat  or  batteau  by  any  person  connected 

with  such  boat  or  batteau,  and  under  his  charge,  other  than  a  free 
white  passenger,  he  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars ;  and  if  a  free  negro,  be  also 
punished  with  stripes. 

3.  If  such  master  or  other  person  in  charge  of  any  such  canal  Trading  by  boat 
boat,  batteau  or.  other  boat,  permit  any  free  negro  or  slave  serving  bands  prohibited 
as  a  hand  on  his  boat,  or  under  his  charge,  to  transport  on  his  boat 

or  batteau,  any  agricultural  products,  fowls,  meats  or  other  commo- 
dity, from  one  place  to  another,  for  the  purpose  of  selling  the  same, 


40  CARRYING  SLAVES  ON  BOATS. 

or  trading  therewith,  or  of  placing1  them  with  any  other  person  for 
sale,  he  shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
five  hundred  dollars;  and  the  free  negro  or  slave,  on  whose  account 
any  such  commodity  is  transported,  shall  be  punished  with  stripes. 
incaaeofseeond ,  4.  In  case  of  a  second  conviction  of  a  master  or  other  person 
aonviciion  having  charge  of  such  boat,  under  either  of  the  three  preceding  sec- 

tions, the  person  for  whose  benefit  said  boat  is  run  shall  be  respon- 
sible for  the  fine  imposed  and  costs,  if  not  paid  by  the  offender  ;  and 
the  same  may  be  recovered,  in  the  court  in  which  the  conviction  was 
had,  by  motion,  on  ten  days'  notice,  to  bo  instituted  by  the  attorney 
for  the  commonwealth  in  such  court. 
: ii •;•  ors,  ho-sv  5.  It  shall  be  lawful  for  the  court  of  any  county  lying  on  any  canal 
appoiated  or  navigable  stream,  to  appoint  one  or  more  discreet  persons  as  in- 

spectors of  boats,  who  shall  be  paid  by  county  levy,  and  who  shall, 
be  clothed  with  full  power  and  authority,  upon  exhibiting  the  order 
appointing  them,  to  examine  and  search,  within  their  respective  coun- 
ties, all  boats  engaged  in  transportation  on  any  such  canal  or  navi- 
gable stream,  for  the  detection  of  stolen  property,  and  to  require  of 
the  master  of  any  boat  a  true  account  of  every  article  found  thereon. 
Penalty  for  fai-  If  any  master  fail  to  render  such  true  account,  when  required  under 
5urc  this  section,  he  shall  be  fined,  in  the  discretion  of  a  jury,  not  less 

than  one  hundred  dollars,  and  in  default  of  payment,  be  imprisoned 
not  exceeding  six  months ;  and  if  a  free  negro,  he  shall  be  also  pun- 
ished with  stripes.  Any  person  who  shall  refuse  to  admit  upon  his 
Dokt,  or  shall  obstruct  or  resist  any  inspector  duly  exhibiting  his 
authority,  in  the  discharge  of  his  duty,  shall  be  deemed  guilty  of  a 
inspector,  how  misdemeanor.  The  court  may  at  any  time,  after  summons  to  show 
remove  cause  against  it,  remove  any  such  inspector,  and  may  appoint  ano- 

ther in  his  stead. 
'JosnmGucement      6.    This  act  shall  be  in  force  from  its  passage. 


Chap.  DG. — An  ACT  fco  prevent  the  unlawful  carrying  of  Slaves  on  Boats. 
Passed  February  13,  1864. 

Penalty  for  2.    Be  it  enacted  by  the  general  assembly,  that  if  the  master  or 

transporting*  any  other  person  having  charge  of  a  canal  boat,  batteau  or  other 
boat  plying  on  the  canals  or  rivers  of  the  state,  shall  carry  any 
slave  upon  the  same  from  one  place  to  another  within  the  state, 
without  the  consent  of  his  owner,  or  of  the  guardian  or  committee  of 
the  owner,  and  without  using  due  efforts  to  arrest  such  slave  and 
lodge  him  in  lawful  custody,  he  shall,  if  a  free  person,  be  prosecuted 
therefor  in  the  county  in  which  the  offence  has  been  committed,  and 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars;  aud  shall  moreover,  in  case  the  slave  is  not  re- 
gained, forfeit  and  pay  to  the  owner,  guardian  or  committee  of  such 
owner,  the  value  of  said  slave,  and  the  reasonable  expenses  incurred 
Owner  of  boat,  by  him  in  attempting  to  regain  said  slave;  and  incase  the  slave  is 
how  responsible  regained,  then  he  shall  forfeit  and  pay  to  the  owner,  guardian  or 
committee  of  such  owner,  twice  the  amount  of  such  reasonable  ex- 
penses incurred  by  him  in  regaining  said  slave;  to  be  ascertained  by 
the  jury  sitting  on  the  trial  of  the  case. 
Penalty  on  slave     2.   If  a  slave  violate  the  preceding  section,  he  shall  be  punished. 

with  stripes,  at  the  discretion  of  a  justice. 
;v./ifficricement      3.  This  act  shall  he  iii  force  from  its  passage. 


TURNPIKES. — LIMITATIONS.  41 

Chap.  37. — An  ACT  to  amend  the  1st  section  of  an  act  passed  April  12th, 
1852,  entitled  an  act  to  authorize  the  construction  of  the  Wytheville  and 
Grayson  Turnpike,  and  to  make  Branches  thereof  to  the  Lead  Mines  of 
Wythe  County,  and  Hillsville,  in  Grayson  County. 
Passed  March  7,  1864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Act  amended 
first  section  of  the  act  passed  April  twelfth,  eighteen  hundred  and 
fifty-two,  entitled  an  act  to  authorize  the  construction  of  the  Wythe- 
ville and  G-rayson  turnpike,  and  to  make  branches  thereof  to  the  lead 

mines  in  Wythe  county,  and  to"  Hillsville,  in  Carroll  county,  be  and 
the  same  is  hereby  so  amended  and  re-enacted  as  to  read  as  follows : 

"  §  1.  That  it  shall  be  lawful  for  Andrew  Fulton,  Ephraim  McGa-  Corporator; 
vock,  Robert  Kent,  Gustavus  Crockett,  Thomas  J.  Boyd,  Alfred  C. 
Moore,  Alexander  Pierce,  George  Kincannon,  Guy  F.  S.  Trigg, 
James  Kincannon,  Francis  E.  Kincannon,  William  Chaswell,  Robert 
Holliday,  Sarrfuel  McCamant,  James  Anderson,  junior,  Francis  A. 
Crockett,  William  Dickenson,  James  Waugh,  Ezra  Nuckolls,  Field- 
ing L.  Hale,  John  B.  Mitchell,  Robert  Johnson,  William.  Lindsey, 
William  H.  Cook,  Madison  Carter,  Charles  J.  Davison  and  William 
C  Thornton,  and  such  other  persons  as  any  three  of  the  above 
named  persons  shall  appoint,  each  to  open  books  at  such  times  and 
places  as  each  of  them  may  think  proper,  for  the  purpose  of  re- 
ceiving subscriptions  to  a  joint  capital  stock  not  exceeding  in  the 
whole  the  sum  of  thirty-three  thousand  dollars,  to  be  divided  into 
shares  of  twenty-five  dollars  each,  for  the  construction  of  a  turnpike 
road  from  a  point  at  or  near  Wytheville,  in  Wythe  county,  by  the 
Grayson  sulphur  springs  and  the  old  courthouse  of  Grayson  county, 
to  the  North  Carolina  line,  at  or  near  Fisher's  gap,  in  Grayson 
county." 

2.  And  be  it  further  enacted,  that  the  board  of  public  works  be  Board  of  public 
directed  to  subscribe  for  three-fifths  of  thirteen  thousand  dollars  of  ^^f  t0  sub 
the  capital  stock  hereby  authorized,  that  being  the  actual  increase  of 

the  capital  stock  made  by  this  act.  The  amount  so  subscribed  by 
the,  said  board  shall  be  paid  by  the  treasurer,  upon  the  order  of  the 
board  of  public  works,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated;  but  payments  shall  be  made  by  said  board  only 
ratably  with  payments  by  others  than  the  commonwealth,  who  shail 
subscribe  for  the  remaining  two-fifths  of  said  increased  capital  stock. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  38. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  extend 
the  Time  for  the  exercise  of  certain  Eights  and  Remedies,  passed  March 
14th,  1862. 

Passed  February  23,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  on  Act  amended 
the  fourteenth  day  of  March  eighteen  hundred  and  sixty-two,  entitled 

an  act  to  extend  the  time  for  the  exercise  of  certain  civil  rights  and 
remedies,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"Be  it  enacted  by  the  general  assembly,  that  the  period  between  Limitation 
the  seventeenth  day  of  April,  Anno  Domini  eighteen  hundred  and 
sixty-one,  and  four  months  after  the  ratification  of  a  treaty  of  peace 
between  the  Confederate  States  of  America  and  the  United  States  of 
America,  shall  be  excluded  from  the  computation  of  the  time  within 
which,  by  the  terms  or  operation  of  any  statute  or  rule  of  law,  it 
may  be  necessary  to  do  any  act  or  to  commence  any  action  or  other 
proceeding  to  preserve  or  to  prevent  the  loss  of  any  civil  right  or 
remedy,  or  on  account  of  the  lapse  of  which  any  franchise  or  other 
right  might  otherwise  be  forfeited." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


42 


\ 


WILLS. — FIDUCIARIES. 


Chap.  89. — An  ACT  to  authorize  the  admission  of  Wills  to  record,  upon 

proof  of  the  Handwriting  of  the  Attesting  Witnesses  in  certain  cases. 

Passed  January  13, 1864. 

p.-oof  of  hand-  1.  Be  it  enacted  by  the  general  assembly,  that  whenever  the 
writing  allowed  attesting  witnesses  (or  any  of  them)  to  a  will  may  be  within  the  lines 
or  power  of  the  enemy,  so  that  the  attendance  of  the  requisite  num- 
ber of  such  witnesses  cannot  be  enforced  by  summons,  it  shall  be 
lawful  for  the  court  having  jurisdiction  thereof  to  admit  such  will  to 
probate,  upon  proof  of  the  handwriting  of  two  of  the  attesting  wit- 
nesses thereto  whose  attendance  cannot  be  enforced,  or  of  one  of 
them,  together  with  the  evidence  of  the  attesting  witnesses  whose 
attendance  can  be  obtained. 

2.  Be  it  further  enacted,  that  in  all  cases  of  wills  admitted  to  re- 
cord under  the  preceding  section  of  this  act,  there  shall  be  reserved 
to  the  parties  all  rights  which  they  would  have  under  the  thirty- 
fourth,  thirty-fifth  and  thirty-sixth  sections  of  chapter  one  hundred 
and  twenty-two  of  the  Code  of  Virginia,  if  the  will  had  been  admit- 
ted to  record  under  the  provisions  of  that  chapter. 
Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


Reservation  of 
rights 


xled  in  counties 
in  power  of 
enemy 


Chap.  40. — An  ACT  authorizing,  in  certain  cases,  the  settlement  of  Fidu- 
ciaries' Accounts  before  Commissioners  in  Chancery  of  Courts  other  than 
those  in  which  such  Fiduciaries  have  been  appointed,  or  in  which  the  In- 
struments creating  their  authority  have  been  recorded. 
Passed  February  25,  1864. 

Fiduciaries- ac-        1.   Be  it   enacted  by  the  general  assembly,  that  whenever  any 
counts,  how  set-  C0Unty  or  corporation  in  this  state  shall  be  in  possession  of  the  enemy, 

it.lPQ  .       •*_-      1  A1  1  "      1  •  •  "I-  Till 

or  shall  be  so  threatened  with  invasion  as  to  render  it  probable  that 
the  jurisdiction  of  the  courts  canaot  be  safely  and  regularly  exercised 
therein,  it  shall  be  lawful  for  a  commissioner  of  the  court  of  any 
county  not  in  possession  of  the  public  enemy,  or  threatened  with  in- 
vasion, most  convenient  to  that  where  the  order  was  made  or  the  in- 
strument recorded  conferring  authority  on  any  one  as  fiduciary,  as 
specified  in  the  one  hundred  and  thirty-second  chapter  of  the  Code 
of  Virginia  (edition  of  eighteen  hundred  and  sixty),  or  of  any  county 
wherein  a  majority  in  interest  of  the  parties  interested  are  for  the 
time  resident,  to  exercise  the  like  authority  and  power  in  stating,  set- 
tling and  adjusting  the  accounts  of  such  fiduciary,  as  if  said  fiduciary 
accounts  had  been  laid  before  a  commissioner  of  the  court  of  the 
county  wherein  the  order  was  made  conferring  on  the  fiduciary  his 
authority  :  provided,  that  said  commissioner  shall,  instead  of  posting 
a  notice  of  the  time  and  place  of  said  settlement,  as  required  by  said 
chapter  of  the  Code,  cause  a  notice  of  the  same  to  be  published  at 
least  four  weeks  in  some  newspaper  published  in  or  nearest  to  the 
county,  city  or  town  in  which  the  appointment  of  such  fiduciary  was 
made,  or  in  the  event  of  the  removal  of  the  parties  in  interest  there- 
from, in  or  nearest  to  which  the  majority  of  them  may  reside,  and  in 
the  city  of  Richmond. 

2.  The  courts  of  the  counties  where  settlements  are  made  under 
this  act,  and  those  in  which  the  same  are  required  thereby  to  be  sub- 
sequently recorded,  shall  exercise  the  same  power  and  jurisdiction 
over  the  same,  and  the  reports  of  the  commissioners  and  the  said 
settlements  and  reports  shall  have  the  same  force  and  effect,  and 
shall  be  subject  to  the  same  liability  to,be  surcharged  or  falsified,  as 
set  forth  and  provided  in  regard  to  the  settlements  of  fiduciaries  in 
said  one  hundred  and  thirty-second  chapter  of  the  Code  of  eigh- 
teen hundred  and  sixty  :  provided,  however,  that  in  no  case  shall  said 
court  make  any  order  directing  the  payment  or  distribution  of  any 
fund  ascertained  to  be  in  the  hands  of  such  fiduciary. 
What  in  cases  of     3.    Be  it  further  enacted,  that  in  cases  where,  by  reason  of  the 


Publication 


Jurisdiction  of 
courts 


NOTICES. — GAMING.  43 

presence  or  fear  of  the  enemy,  under  acts  of  the  general  assembly,  instruments  re- 
fiduciaries  have  qualified,  aud  instruments  creating  trusts  have  been  corded 
recorded,  or  may  hereafter  qualify,  and  instruments  be  hereafter  re- 
corded in  other  counties  than  those  that  would  have  taken  jurisdiction 
but  for  such  presence  or  fear  of  the  enemy,  it  shall  be  lawful  for  such  How  accounts 
fiduciary  to  have  his  accounts  settled,  when  practicable,  before  a may  be  8ettled 
commissioner  of  the  county  where  the  order  would  have  been  made 
or  the  instrument  recorded  but  for  the  presence  or  fear  of  said  enemy ; 
which  settlement  shall  be  made  and  reported  by  said  court  to  the 
court  wherein  such  order  was  made,  or  such  instrument  recorded; 
and  the  same  subsequent  proceedings  shall  be  had  touching  the  same 
as  if  made  by  a  commissioner  of  said  court. 

4.  Within  six  months  after  jurisdiction  has  been  resumed  and  con-  Where  to  be  re  - 
tinued  over  the  counties  referred  to  in  the  first  section  hereof,  the  ^rdta  ani  re 
fiduciary  whose  accounts  have  been  settled  and  recorded  under  this 

act,  shall  cause  a  copy  of  the  same  to  be  returned  to,  and  recorded 
in  the  county  where  the  same  should  have  been  settled  but  for  the 
presence  or  fear  of  the  enemy ;  and  if  he  fail  to  do  so,  he  shall  de-  Penalty 
rive  no  benefit  whatever  from  the  settlement  made  pursuant  to  this 
act. 

5.  If  any  such  fiduciary  shall  fail  to  cause  a  copy  of  any  settle-  Duty  of  clerk  in 
ment  made  under  this  act  to  be  returned  and  recorded  as  provided  in  bySficiudaryre 
the  fourth  section,  it  shall  be  the  duty  of  the  clerk  of  the  court  in 

which  the  same  is  recorded  to  do  so  at  the  cost  of  such  fiduciary. 

6.  This  act  shall  take  effect  from  its  passage,  and  shall  continue  Commencement 
in  force  until  the  ratification  of  a  treaty  of  peace  between  the  Con- 
federate States  and  the  United  States,  and  no  longer. 


Chap.  41. — An  ACT  prescribing  the  mode  of  serving  Notices  in  certain  cases. 
Passed  February  12,  18G4. 

1.  Be  it  enacted  by  the  general  assembly,  that  a  notice  of  any  Motion,  how 
motion  which  may  be  made  under  the  act  entitled  an  act  authorizing  made 

the  recovery  of  money  stolen  from  the  Exchange  Bank  of  Virginia 
at  Weston,  passed  March  fourteenth,  eighteen  hundred  and  sixty- 
two,  maj*  be  served  by  the  publication  thereof,  once  a  week  for  four 
successive  weeks,  in  a  newspaper  printed  in  the  city  of  Richmond. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  42. — An  ACT  to  amend  the  1st  and  2d  sections  of  an  act  to  suppress 

Gaming,  passed  October  16th,  1863. 

Passed  March  10,  1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  first  and  second  Act  of  1863 
sections  of  chapter  one  hundred  and  ninety-eight  of  the  Code  of ameDded 
Virginia  (edition  of  eighteen  hundred  and  sixty),  as  amended  by  an 
act  to  suppress  gaming,  passed  October  sixteenth,  eighteen  hundred 
and  sixty-three,  be  further  amended  and  re-enacted  so  as  to  read  as 
follows : 

"  §  1.   A  free  person  who  shall  keep  or  exhibit  a  gaming  table,  Penalty  for  ex- 
eominonly  called  A  B  C,  or  E  0  table,  or  faro  bank,  or  table  of  like  Siting  faro,  &c 
kind,  under  any  denomination,  whether  the  game  or  table  be  played 
with  cards,  or  any  evasive  substitute  for  cards,  dice,  or  otherwise,  or 
who  shall  be  a  partner,  or  concerned  in  interest,  or  employed  or  en- 
gaged in  any  manner  in  the  keeping  or  exhibiting  such  table  or  bank, 
or  who  shall  permit  the  keeping  or  exhibition  of  such  table  or  bank 
in  any  room  or  apartment  of  his  house  or  premises,  shall,  upon  con-  infamous  offence 
viction  thereof,  be  deemed  to  be  guilty  of  an  infamous  offence,  in  the 
meaning  of  the  constitution  of  this  statej  and  shall  be  confined  in  jail 
not  less  than  two  nor  more  than  twelve  months,  and  be  fined  not  less 


44 


POSSE    COMITATUS. 


lay  be  whipped 


Forfeiture  of 
property- 


Seizure,  how 
made 


Proceeds,  how 
distributed 


Common- 
wealth's attor- 
ney 


Penalty  for  rent- 
ing property  or 
hiring  slave 


Forfeiture 


Safe-keeping  of 
property 


Bond  for  release 
of  slave 


Witnesses,  how 
attached 


Commencement 


than  one  hundred  dollars  nor  more  than  one  thousand  dollars,  and 
may,  at  the  discretion  of  the  court,  be  subjected  to  stripes  on  his  bare 
back,  not  exceeding  thirty-nine ;  and  all  the.  right,  title  and  interest, 
legal  or  equitable,  of  such  person  in  any  real  property,  including  the 
lot  and  premises  thereto  attached,  in  or  upon  which  such  gaming  may 
be  carried  on,  shall  be  absolutely  forfeited  to  and  vest  in  the  common- 
wealth. Any  such  table  or  faro  bank,  and  all  money  found  thereon, 
or  other  property  staked  or  exhibited  to  allure  persons  to  bet  at  such 
table,  and  all  household  and  other  personal  property,  including 
slaves,  used  or  employed  in  such  gaming  house,  may,  as  to  whatever 
title  or  interest  the  keeper  or  exhibitor  of  such  gaming  table  shall 
have  therein,  be  seized  by  order  of  a  court,  or  under  warrant  of 
a  justice,  mayor  of  a  city  or  town,  or  judge  in  vacation ;  and  the 
property  so  seized,  including  said  money,  whether  belonging  to  the 
said  keeper  or  any  better,  shall  be  forfeited;  and  after  deducting 
one-half  the  value  or  proceeds  thereof  for  the  person  or  persons 
making  the  seizure,  and  the  costs  and  other  expenses  attending  the 
safe-keeping  and  disposal  thereof,  shall  be  appropriated  as  provided 
in  the  twenty-fourth  section  of  chapter  fifty-one  of  the  Code  (edition 
of  eighteen  hundred  and  sixty),  in  respect  to  the  forfeiture  declared 
by  said  chapter  :  provided,  that  twenty  per  centum  of  the  entire  value 
of  the  property  forfeited  shall,  in  each  case  of  conviction,  be  pay- 
able to  the  commonwealth's  attorney,  who  prosecuted  the  case :  and 
provided  further,  that  the  implements  used  or  intended  for  such  un- 
lawful game  shall  be  burnt. 

"  §  2.  Be  it  further  enacted,  that  any  person  who  shall  knowingly 
rent  to  any  person  any  real  property  for  such  unlawful  gaming,  with 
intention  to  allow  the  use  of  the  same  for  the  purpose  aforesaid;  or 
any  person  who  shall  knowingly  hire  any  slave  to  any  such  person, 
with  intention  to  allow  such  slave  to  be  employed  in  any  service  con- 
nected with  such  gaming,  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars;  and  upon  conviction, 
all  their  right,  title  and  interest,  legal  or  equitable,  in  any  such  real 
estate,  and  their  right,  to  such  slave,  shall  be  absolutely  forfeited  to 
and  vest  in  the  commonwealth.  And  the  court  in  which  any  pro- 
ceedings shall  be  commenced,  or  conviction  had,  either  under  this  or 
the  next  preceding  section,  may  make  all  proper  orders  for  the  safe- 
keeping and  forthcoming  of  the  property  liable  to  forfeiture  as  afore- 
said, and  for  the  proper  disposal  thereof:  provided,  however,  that  as 
to  any  slave  so  seized  under  the  provisions  of  this  act,  the  owner  or 
claimant  thereof  may  have  such  slave  released  from  custody,  by 
executing,  at  any  stage  of  the  proceedings,  bond  with  good  security, 
in  a  penalty  equal  at  least  to  the  full  value  of  the  said  slave  or  slaves, 
conditioned  to  have  the  same  forthcoming  to  abide  the  orders  of  the 
court ;  and  upon  forfeiture  of  the  condition  of  any  such  bond,  judg- 
ment may  be  recovered  thereon,  upon  ten  clays'  notice  to  the  obligors, 
in  like  manner  as  upon  a  forthcoming  bond." 

2.  Any  mayor  or  justice,  or  other  officer  authorized  to  issue  a  war- 
rant for  a  search  or  arrest  under  this  act,  or  the  act  passed  on  the 
sixteenth  day  of  October  eighteen  hundred  and  sixty-three,  entitled 
an  act  to  suppress  gaining,  shall  have  power  to  issue  at  any  time  an 
attachment  to  compel  the  attendance  of  witnesses,  without  previous 
summons  or  other  process. 

3.  This  act  shall  be  in  force  from  its  passage. 


Chap.  43. — An  ACT  to  authorize  Sheriffs  to'  summon  the  Posse  Comitatus 

to  aid  in  enforcing  Impressments  in  certain  cases. 

Passed  March  8,  1864. 

When  property       !•   Be  it  enacted  by  the  general  assembly,  that  should  any  person 
impressed  whose  property  has  been  or  may  hereafter  be  impressed  under  the 


COURT    OF   APPEALS. — CIRCUIT    COURTS.  45 

provisions  of  an  act  entitled  an  act  for  the  relief  of  the  indigent  sol- 
diers and  sailors  of  the  state  of  Virginia,  -who  have  been  or  may  be 
disabled  in  the  military  service,  and  the  widows  and  minor  children 
of  soldiers  and  sailors  who  have  died  or  may  hereafter  die  in  said 
service,  and  of  the  indigent  families  of  those  now  in  the  service, 
passed  October  thirty-first,  eighteen  hundred  and  sixty-three,  refuse 
to  deliver  the  same  to  the  impressing  agent,  it  shall  be  the  duty  of 
the  sheriff  of  the  county,  whenever  notified  of  the  fact  by  the  said 
agent,  on  oath,  to  seize  the  property  so  impressed,  and  deliver  it  to 
the  said  agent ;  and  he  is  authorized,  if  necessary  for  that  purpose,  Posse  comitatus 
to  summon  the  posse  comitatus.    „  Costs 

2.  Be  it  further  enacted,  that  all  the  costs  attending  the  seizure  of  Commencement 
property  as  herein  provided,  shall  be  paid  by  the  party  refusing  to 

deliver  it. 

3.  This  act  shall  be  in  force  from  its  passage. 


Chap.  44. — An  ACT  to  amend  and  re-enact  an  act  authorizing  the  Court  of 
Appeals  to  hold  its  Sessions  at  other  places  than  at  Lewisburg,  passed 
March  ]2th,  1863. 

Passed  March  5,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  entitled  an  Act  amended 
act  to  authorize  the  court  of  appeals  to  hold  its  sessions  at  other 

places  than  Lewisburg,  passed  twelfth  March  eighteen  hundred  and 
sixty-three,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  1.  That  the  annual  sessions  of  the  supreme  court  of  appeals,  Court,  where 
provided  by  law  to  be  held  at  Lewisburg,  in  the  county  of  Green-  ,ield 
brier,  shall  be  held  at  the  town  of  Christiansburg,  in  Montgomery 
county,  or  at  such  other  place  as  the  said  court,  or  a  majority  of  the 
judges  thereof  in  vacation,  may  from  time  to  time  direct  and  appoint; 
of  which  change  due  notice  shall  be  given  by  publication  thereof  in 
one  or  more,  newspapers  printed  in  the  city  of  Richmond  ;  and  all 
laws  now  in  force  applicable  to  the  said  court  when  its  sessions  are 
held  at  Lewisburg,  shall  apply  in  like  manner  to  said  court  and  its 
sessions  when  held  at  any  other  place,  under  the  ^provisions  of  this 
act. 

"  §  2.   The  said  court,  or  a  majority  of  the  judges  thereof  in  vaca-  Library  may  be 
tion,  may  order  the  removal  of  the  library  and  records  of  said  court  removed 
at  Lewisburg  to  such  place  as  the  said  court  may,  under  the  pro- 
visions of  this  act,  appoint  for  its  sessions ;  and  a  sum  not  exceeding  Appropriation 
one  thousand  dollars  is  hereby  appropriated  for  the  purposes  of  such 
removal  and  for  the  procurement  of  a  suitable  house  to  keep  said 
library  and  books  in,  to  be  paid,  upon  the  order  of  said  court,  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated." 

2.  This  act  shall  be  in  force  from  its  passage.  .  Commencement 


Chap.  45. — An  ACT  extending  the  jurisdiction  of  the  Circuit  Court  of  the 

Town  of  Danville. 

Passed  January  30,  1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Act  amended 
March  first,  eighteen  hundred  and  sixty-one,  entitled  an  act  changing 
the  time  of  holding  the  circuit  court  in  the  town  of  Danville,  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"Be  it  enacted  by  the  general  assembly,  that  there  shall  be  held  Court  establish- 
in  the  town  of  Danville,  twice  in  each  year,  a  circuit  court  for  said  *a- 
town,  the  jurisdiction  whereof  shall  extend  to  all  cases  arising  within  LSpower3 
the  corporate  limits  of  said  town,  over  which  the  circuit  court  of  the 
county  of  Pittsylvania  now  has  jurisdiction,  and  also  to  all  cases 
arising  within  one  mile  of  the  corporate  limits  of  said  town,  whereof 


46 


COUNTY   COURTS. 


Criminal  juris-    the  circuit  court  of  said  county  now   has  jurisdiction.     And  any 
diction  person  or   persons  charged  with   having  committed  any  crime  or 

crimes  within  one  mile  of  the  corporate  limits  of  said  town  of  Dan- 
ville, and  who  may  have  heen  sent  on  to  the  jail  of  the  county  of 
Pittsylvania  by  the  hustings  court  of  Danville,  to  be  tried  in  the 
circuit  court  of  Pittsylvania,  shall  be  remanded  by  the  county  court 
of  the  county  of  Pittsylvania,  to  be  tried  in  the  circuit  court  of  Dan- 
Terms  of  court  ville ;  and  the  said  court  shall  be  held  on  the  twenty-fifth  day  of  March 
and  on  the  twenty-fifth  day  of  August,  by  the  judge  of  the  fourth 
judicial  circuit." 
Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


How  place  of 
holding  court; 
changed 


Provision  ior 

poor 


Commencement 


Chap.  46. — An  ACT  to  authorize  the  County  Courts  to  change  the  places 

of  holding  their  Sessions,  and  to  enlarge  their  Powers  in  certain  cases. 

Passed  March  1,  1804. 

1.  Be  it  enacted  by  the  general  assembly,  that  during  the  existing 
war  it  shall  be  lawful  for  the  county  court  of  any  county,  either  where 
partially  occupied  by  the  public  enemy,  or  where  the  regular  sittings 
of  the  courts  of  such  counties,  at  the  respective  courthouses  thereof, 
shall  be  prevented  by  apprehended  danger  from  the  enemy,  or  from 
any  other  cause  growing  out  of  the  war,  to  hold  their  sessions  at  such 
other  place  or  places  in  such  counties  as  may  be  agreed  on  and  de- 
signated by  the  court,  or  by  such  number  of  justices  as  are  required 
by  law  to  constitute  a  court:  provided,  that  in  the  latter  case  the 
justices  so  ordering  a  change  of  the  place  of  holding  the  courts,  shall 
certify  their  action  in  writing  to  the  clerks  of  such  courts,  at  least 
ten  days  before  the  time  of  holding  the  first  term  at  such  changed 
place  of  holding  the  same:  and  provided  further,  that  no  motion, 
action  at  law  or  suit  in  chancery  shall  be  tried  at  said  court  when  the 
place  of  meeting  has  been  changed,  unless  by  consent  of  parties. 

2.  In  any  of  the  counties  so  situated,  as  mentioned  in  the  first 
section,  it  shall  be  lawful  for  the  county  courts,  during  the  present 
war,  to  provide  for  the  poor  of  such  counties,  by  loans  to  be  made 
in  the  same  manner  in  all  respects  as  provided  in  the  act  of  the 
general  assembly  entitled  an  act  to  authorize  the  county  courts  and 
any  incorporated  city  or  town  to  arm  the  militia  of  their  respective 
counties,  cities  and  towns,  and  to  provide  means  therefor,  passed 
January  nineteenth,  eighteen  hundred  and  sixty-one. 

3.  This  act  shall  be  in  force  from  its  passage. 


Chap.  47. — An  ACT  authorizing  County  and  Corporation  Courts  to  ratify 
and  confirm  the  issue  and  sale  of  Bonds  and  other  Securities  in  certain 
cases. 

Passed  March  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 
for  the  court  of  any  county  or  corporation,  all  the  acting  justices 
thereof  having  been  summoned  for  the  purpose  of  considering  the 
subject,  and  a  majority  of  them  beiyg  present,  to  enter  upon  the  re- 
cords of  the  court  an  order  ratifying  and  confirming  the  issue  and 
e  ancTsaie  of  sa*e  °f  ar,7  bonds  or  other  securities  issued  or  sold  before  the  date  of 
bonds  such  order,  by  the  court  of  such  county  or  corporation,  or  under  its 

Tjuder  what  acts  order,  and  for  the  purpose  of  carrying  into  effect  the  provisions  of 
of  assembly  the  act  passed  October  thirty-first,  eighteen  hundred  and  sixty-three, 
entitled  an  act  for  the  relief  of  the  indigent  soldiers  and  sailors  of 
the  state  of  Virginia,  who  may  have  been  or  may  be  disabled  in  the 
military  service,  and  the  widows  and  minor  children  of  soldiers  and 
sailors  who  have  died  or  may  hereafter  die  in  said  service,  and  of  the 
indigent  families  of  those  now  in  service ;  or  of  the  act  passed  Janu- 


Justices  to  be 
summoned 


Order  to  be  en- 
tered ratifying 
and  coufinniu 


ORDINARIES. — MILITARY   INSTITUTE.  47 

ary  nineteenth,  eighteen  hundred  and  sixty-one,  entitled  an  act  to 
authorize  the  county  courts  and  any  incorporated  city  or  town  to  arm 
the  militia  of  their  respective  counties,  cities  and  towns,  and  to  pro- 
vide means  therefor;  or  of  the  ordinance  of  the  convention,  passed 
June  eighteenth,  eighteen  hundred  and  sixty-one,  entitled  an  ordi- 
nance to  make  provisions  for  the  maintenance  of  families  of  soldiers 
in  the  actual  service  of  the  state  or  the  Confederate  States,  and  for 
other  purposes ;  or  of  the  act  passed  March  tenth,  eighteen  hundred 
and  sixty-two,  entitled  an  act  for  the  relief  of  the  indigent  soldiers 
who  have  heen  or  may  be  disabled  in  the  military  service  of  the 
state,  and  the  widows  or  minor  children  of  soldiers  who  have  died  or 
may  hereafter  die  in  the  service.  And  such  ratification  and  confir-  Ratification  to 
mation  shall  be  held  to  relate  back  to  the  time  of  the  issue  and  sale  relate  back 
of  such  bonds  or  other  securities,  and  the  proceedings  upon  which 
such  issue  and  sale  was  made,  and  to  cure  all  irregularities  in  such 
issue,  sale  and  proceedings,  and  to  make  such  bonds  or  other  securi-' 
ties  in  all  respects  a  lawful  and  binding  charge  upon  such  county  or 
corporation,  as  .if  the  issue  and  sale  thereof,  and  the  proceedings  upon 
which  such  issue  and  sale  was  made,  had  been  in  strict  conformity 
with  law. 
2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  48. — An  ACT  to  prohibit  the  granting  of  Ordinary  License  at 

certain  specified  places  in  the  Commonwealth. 

Passed  March  10,  186-1. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  not  be  License  not  to 
lawful  for  any  court  of  this  commonwealth  to  grant  a  license  to  keep  be  srante,i 
an  ordinary  to  any  person  within  a  city  or  town,  or  within  five  miles 

of  the  limits  thereof,  or  at  any  depot,  station  or  other  point  on  any 
rail  road. 

2.  Any  person  who  shall,  without  having  first  obtained  an  ordi-  Forfeiture 
nary  license,  sell,  by  retail,  wine,  ardent  spirits,  or  a  mixture  thereof, 

ale,  porter  or  beer,  or  such  like  drinks,  to  be  drank  in  or   at  the 

place  of  sale,  he  shall,  in  addition  to  the  penalty  now  prescribed  by 

law,  forfeit  the  tenement  where  the  sale  is  made,  if  he  is  the  owner 

thereof,  or  such  interest  as  he  may  have  therein,  if  he  is  the  lessee, 

and  shall  moreover  forfeit  the  stock  of  liquors  on  hand,  and  all  the 

personal  property  used  in  such  business  :  and  the  court  before  which  Confiscation  and 

a  conviction  shall  be  had  shall  take  such  steps  as  it  may  deem  proper  8aIe 

for  the  confiscation  and  sale  of  the  property  forfeited  by  this  act. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  49. — An  ACT  providing  an  additional  Appropriation  to  the  Virginia 

Military  Institute. 
.    .         Passed  January  22,  18G4. 

1.   Be  it  enacted  by  the  general  assembly,  that  for  the  purpose  of  Amount  appro 
supplying  the  estimated  deficiency  in  the  fund  for  the  support  of  the  plated 
state  cadets  in  the  Virginia  military  institute,  the  additional  sum  of 
twenty  thousand  dollars  is  hereby  appropriated  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  June  eighteen  hundred  and  sixty-four ; 
and  the  auditor  of  public  accounts  is  hereby  authorized  and  required 
to  issue  his  warrant  or  warrants  on  the  treasury  for  the  same,  in  the 
manner  that  other  warrants  to  the  said  institute  have  been  heretofore 
issued  :  provided,  however,  that  the  auditor  of  public  accounts  shall  Duty  of  auditor 
not  issue  his  warrant  for  the  money  hereby  appropriated,  until  satis- 
factory evidence  is  furnished  his  office  that  the  number  of  state  cadets 
authorized  by  law  have  been  appointed  (within  the  ages  and  manner 
prescribed  by  law) ;  if  the  whole  number  so  appointed  at  the  last 


48 


ARMORY. — INDIGENT    SOLDIERS. — BANKS. 


~orr.rcenceJnent 


annual  meeting  of  the  board  of  visitors  shall  not  have  elected  to 
enter  the  school,  the  auditor  of  public  accounts  may  issue  his  warrant 
for  a  pro  rata  proportion  of  the  sum  hereby  appropriated,  to  defray 
the  expense  of  new  state  cadets  so  appointed  and  in  actual  atten- 
dance. 
2.    This  act  shall  be  in  force  from  its  passage. 


Lease  autho- 
rized 


Ccroreeccetaent 


Chap.  50. — An  ACT  to  authorize  the  Governor  to  lease  a  portion  of  Land 

adjoining  the  Armory. 

Passed  March  8, 1864. 

1.  Be  it  enacted  by  tlip  general  assembly,  that  the  governor  of 
this  commonwealth  be  and  he  is  hereby  authorized  to  lease,  for  the 
benefit  of  the  commonwealth,  to  R.  Archer,  R.  S.  Archer  and  A.  D. 
Townes,  for  an  additional  term  of  ten  years  from  and  after  the  expi- 
ration of  the  present  lease  to  R.  Archer  and  Company,  so  much  of 
the  land  adjoining  the  armory,  extending  from  the  canal  to  the  river, 
as  the  said  R.  Archer  and  Company  are  now  in  possession  of,  or  en- 
titled to  occupy  under  their  present  lease,  on  such  terms  and  condi- 
tions as  may  be  agreed  upon  by  the  governor  and  the  said  lessees. 

2.  This  act  shall  be  in  force  from  its  passage. 


Act  amended 


Chap.  51. — An  ACT  to  amend  the  3d  section  of  an  act  for  the  relief  of 

Indigent  Soldiers  and  Sailors,  &c,  passed  October  3Jst,  1863. 

Passed  February  24,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  third  section 
of  an  act  for  the  relief  of  the  indigent  soldiers  and  sailors  of  the 
state  of  Virginia,  who  have  been  or  may  be  disabled  in  the  military 
service,  and  the  widows  and  minor  children  of  soldiers  and  sailors 
Avho  have  died  or  may  hereafter  die  in  said  service,  and  of  the  indi- 
gent families  of  those  now  in  the  service,  passed  October  thirty-first, 
eighteen  hundred  and  sixty-three,  be  amended  and  re-enacted  so  as 
to  read  as  follows : 

"§  3.  Whenever  any  county  or  corporation  court  shall  lie  satisfied 
that  any  such  soldiers  and  sailors  were,  at  the  date  of  their  enlist- 
ment, residents  of  any  county  or  corporation  of  the  commonwealth, 
and  whose  families  may  have  been  or  may  hereafter  be  driven  from 
their  homes  by  fear  of  the  public  enemy,  and  are  residing  in  such 
county  or  corporation,  it  shall  be  the  duty  of  such  court  to  enroll  such 
soldiers  and  sailors  and  their  families,  according  to  the  provisions 
of  the  first  section  of  this  act.  and  to  make  the  same  provision  for 
their  support  as  for  those  soldiers  and  sailors  and  their  families  de- 
scribed in  said  section.  The  said  county  or  corporation  court  shall 
state  and  certify  their  accounts  for  the  support  of  such  refugee  sol- 
diers and  sailors  and  their  families,  and  forward  the  same  to  the 
Accounts,  bow  auditor  of  public  accounts;  and  it  shall  be  the  duty  of  said  auditor 
raki  to  pay  said  accounts  by  warrants  upon  the  treasurer  of  the  common- 

wealth." 
mmi  ncement       2.    This  act  shall  be  in  force  from  its  nassage. 


Sojourners  and 
-  fugee  soldiers 
it 


Chap.  52. — An  ACT  authorizing  BarAs  or  Branch  Banks  in  certain  cases 
to  receive  payment  of  Debts  payable  at  Branch  or  Mother  Banks  within' 
the  enemy's  lines. 

Passed  March  3,  1864. 

When  debts  due      1.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 

to  banks  may     for  anj- person,  body  politic  or  corporate,  who  may  be  indebted  to 

any  of  the  branch  banks  of  this  state,  and  uhable,  because  of  the 


FENCE    LAW. SHEEP    AND    WOOL.  49 

presence  of  the  public  enemy,  to  discharge  said  indebtedness  at  tin- 
office  of  said  branch  bank,  to  deposit  in  the  mother  bank  thereof,  if 
within  the  lines  of  the  confederate  armies,  the  a mount  represented 
to  be  due  said  branch  bank;  and  the  said  mother  bank  is  hereby 
authorized  to  receive,  at  its  discretion,  said  amount,  and  give  a  re- 
ceipt to  the  party  paying  the  same;  and  such  payment  shall  be  held 
as  a  discharge,  to  the  extent  thereof,  of  said  indebtedness:  provided,  Provi** 
that  such  payment  shall  operate  as  a  discharge  in  no  case  in  which 
such  debt  has  been  bona  fide  transferred  for  value  to  any  loyal  citizen 
of  any  one  of  the  Confederate  States,  at  any  time  prior  to  the  date 
of  such  payment:  and  provided  further,  that  the  provisions  of  this 
act  shall  be  applicable  in  case  of  any  mother  bank  within  the  enemy's 
lines;  in  which  case,  such  payment  may  be  made  to  any  branch 
thereof  within  our  lines,  in  like  manner  and  with  like  effect  and 
limitations  as  are  above  provided. 

2.    This  act  shall  be  in  force  from  its  passage,  and  continue,  in  Comrnwienmeui 
force  during  the  existing-  war. 


Chap.  53. — An  ACT  to  amend  and  re-enact  the  2d  section  of  an  act,  passed 
October  9th,  1863,  entitled  an  act  to  amend  the  act  passed  February  J  3th, 
1863,  entitled  an  act  amending  and  re-enacting  the  1st  and  2d  sections  of 
an  act  entitled  an  act  to  repeal  the  Fence  Law  of  Virginia  as  to  certain 
Counties,  and  to  authorize  the  County  Courts  to  dispense  with  Enclosure;. 
in  other  Counties,  passed  October  3d,  1362,  and  to  legalize  the  action  of 
County- Courts  held  under  said  law. 

Passed  March  3,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section  Act  umended 
of  an  act  passed  October  ninth,  eighteen  hundred  and  sixty-three, 

entitled  an  act  to  amend  the  act  passed  February  thirteenth,  eighteen 
hundred  and  sixty-three,  entitled  an  act  amending  and  re-enacting 
the  first  and  second  sections  of  an  act  entitled  an  act  to  repeal  the 
fence  law  of  Virginia  as  to  certain  counties,  and  to  authorize  the 
county  courts  to  dispense  with  enclosures  in  other  counties,  passed 
October  third,  eighteen  hundred  and  sixty-two,  and  to  legalize  the 
action  of  county  courts  held  under  said  law,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

"  §  2.  Be  it  further  enacted,  that  the  county  courts  of  the  counties  Counties  in- 
of  Augusta,  Frederick,  Clarke,  Warren,  Culpeper,  Rappahannock,  cI",I(*,i 
Norfolk,  Princess  Anne,  Mercer,  Shenandoah,  Page,  Prince  William, 
Spotsylvania,  Hampshire,  Berkeley,  Caroline,  Buckingham,  Rich- 
mond, Westmoreland,  Loudoun,  Jefferson,  Orange,  Essex,  King  & 
Queen,  Goochland,  Giles,  Bland,  Fairfax,  Greenbrier,  New  Kent, 
Charles  City,.  James  City,  Prince  George,  Nansemond,  Highland. 
Hardy,  King  William  and  Madison  shall  have  power,  all  the  justices 
having  been  summoned,  and  a  majority  thereof  being  present,  to  dis- 
pense with  the  existing  laws  in  regard  to  enclosures,  so  far  as  their 
respective  counties  may  be  concerned,  or  such  part  thereof,  to  be  de- 
scribed by  metes  and  bounds,  as  in  their  discretion  they  may  deem  it 
expedient  to  exempt  from  the  operation  of  such  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  54. — An  ACT  for  the  protection  of  Sheep,  and  to  increase  the  growth 

of  Wool. 

Passed  February  10, 1864. 

Whereas  an  increase  of  the  growth  of  wool  in  this  commonwealth  Preamble 
is  at  all  times  important,  but- more  especially  so  in  the  struggle  the 
Southern  Confederacy  is  maintaining  for  her  independence  :  There- 
fore, 

4 


r>0  DIVIDENDS. 

Sheep  not  to  be       1.    Be  it  enacted  by  the  general  assembly,  that  from  and  after  the 
*0,d  *°  De  passage  of  this  act  it  shall  not  be  lawful  for  any  person  whatever  to 

buy  or  sell,  within  the  limits  of  Virginia,  any  sheep  for  the  purpose 
of  being  butchered,  or  to  slaughter  the  same  at  home  with  a  view  of 
sending  the  meat  to  market,  during  the  continuance  of  the  present 
war,  under  a  penalty,  for  every  sheep  so  slaughtered,  of  fifty  dollars. 
But  this  section  shall  not  apply  to  the  purchase  or  sale  of  mutton  or 
lamb,  upon  the  certificate  of  a  physician  or  surgeon  that  it  is  needed, 
and  in  good  faith  intended  for  any  sick  or  wounded  person  under  hie 
care. 
Duty  of  justices  2.  It  shall  be  the  duty  of  all  magistrates,  sheriffs  and  constables  to 
see  that  this  law  is  executed;  and  upon  information  given  or  com- 
plaint made  by  any  person  of  a  violation  thereof,  to  a  justice  of  the 
peace,  he  shall  issue  his  warrant  against  the  party  charged;  and  if 
satisfied  of  the  guilt  of  the  party  so  charged,  shall  cause  the  collec- 
tion and  payment  of  the  above  penalty,  by  execution  as  in  cases  of 
judgments  on  warrants. 
Proceedings  in  3.  Upon  complaint  before  a  justice,  by  any  inhabitant  of  a  county, 
-HSR  of  com-  that  sheep  owned  by  him  have  been  destroyed  or  injured  by  dogs 
within  his  county,  the  justice  shall,  by  warrant  under  his  hand,  ap- 
point not  less  than  two  nor  more  thau  three  discreet  freeholders  of 
the  county,  residing  near  the  place  where  the  injury  is  alleged  to  be 
committed,  whose  duty  it  shall  be  to  proceed  forthwith,  upon  actual 
view,  and  such  other  information  as  may  be  accessible,  to  ascertain 
the  truth  of  the  complaint,  and  the  value  of  the  injury,  if  any,  which 
has  been  sustained,  and  make  return  thereof,  in  writing,  under  their 
Remedy  against  hands,  together  with  the  warrant  of  the  justice,  to  him;  and  upon 
r""'T"?r  proper  information  so  obtained,  he  shall  issue  his  warrant  against  the 

owner  whose  clog  or  dogs  may  have  done  the  injury,  and  shall  assess 
him  with  the  amount  of  damage,  and  cause  execution  to  be  issued 
against  him ;  and  upon  collection  thereof,  with  the  costs  incurred, 
shall  pay  to  the  party  sustaining  the  loss :  and  where  the  dog  belongs 
to  a  slave,  the  master  shall  in  all  cases  be  responsible  for  the  loss 
sustained,  together  with  the  costs ;  but  either  party  shall  have  the 
right  to  appeal  from  the  decision  of  such  justice,  according  to  the 
provision  of  section  seven  of  chapter  one  hundred  and  fifty  of  the 
Code. 
Proviso  4.   Provided,  that  the  execution  authorized  to  be  issued  under  the 

third  section  of  this  act  shall  be  directed  to  the  sheriff  of  the  county, 
and  levied  and  returned  by  him  according  to  law,  should  the  amount 
of  damages  assessed  exceed  fifty  dollars. 
Commencement       5.    This  act  shall  be  in  force  from  its  passage. 


Chap.  55. — An  ACT  authorizing  the  collection  of  Dividends  due  by  the 

Raleigh  and  Gaston  Rail  Road  Compauy  to  the  City  of  Norfolk." 

Passed  February  10,  1864. 

Agent  appointed      1.   Be  it  enacted  by  the  general  assembly,  that  Thomas  J.  Cor- 
prew,  sergeant  of  the  city  of  Norfolk,  be  and  he  is  hereby  authorized 
and  empowered  to  collect  and  receive  from  the  Ealeigh  and  Gaston 
rail  road  company  all  uncollected  dividends  now  due,  or  which  may 
hereafter  become  due,  during  the  existing  war,  by  the  said  rail  road 
company  to  the  said  city  of  Norfolk,  upon  the  stock  owned  by  the 
said  chVv  in  the  said  company. 
Duties  of  agent       2.    Upon  the  collection  and  receipt  of  the  said  dividends  the  said 
tftfvMenoVto    Thomas  J.  Corprew  is  directed  to  appropriate  one-third  part  of  the 
im  distributed     amount  so  received  by  him  to  the  relief  and  support  of  the  indigent 
families  of  persons  from  said  city  now  in  the  military  or  naval  ser- 
vice or  employment  of  the  Confederate  States,  who  are  outside  of 
the  lines  of  the  enemy  and  accessible  to  him,  and  who  may  be  per- 
sonally known  to  him,  or  satisfactorily  shown  to  be  in  need  of  such 


CHANGES   IN    CODE.  &1 

aid;  the  distribution  among  said  families  to  be  in  money,  and  in  pro- 
portion to  the  number  of  persons  in  each. 

3.  The  other  two-thirds  of  the  said  dividends  the  said  Corprew  is  How  remaining 
directed  to  expend   in  the  purchase  of  articles  of  clothing,  shoes.  J^','!^™ be 
blankets  and  other  necessaries  for  the  soldiers  and  sailors  from  the 

said  city  in  the  service  of  the  Confederate  States ;  to  be  supplied  to 
them  by  him,  upon  the  requisition  of  the  commanding  officer  of  their 
respective  companies,  preferring,  however,  when  all  cannot  be  sup- 
plied, those  who,  from  the  character  of  service  in  which  they  are 
engaged,  and  other  causes,  are  most  exposed,  and  most  in  need  of 
relief. 

4.  The  said  Thomas  J.  Corprew  is  required  to  make  a  report  to  Report  to  he 
the  auditor  of  public  accounts,  semi-annually,  of  his  receipts  and  dis-  "m'"' 
bursements  under  this  act,  with  his  vouchers  for  the  same. 

5.  The  commonwealth  of  Virginia  hereby  guarantees  the  said  Ra-  Guarantee  of 
leigh  and  Gaston  rail  road  company  against  any  future  claim  of  the  tht' common- 
city  of  Norfolk  for  all  dividends  that  may  be  paid  by  said  company 

under  the  authority  and  provisions  of  this  act. 

6.  Before  receiving  any  money  authorized  to  be  received  by  this  Bond  to  be  given 
act,  the  said  Corprew  shall  file  in  the  office  of  the  auditor  of  public 

accounts  a  bond  in  the  penalty  of  thirty-five  thousand  dollars,  with 
sufficient  security,  to  be  approved  by  the  auditor  of  public  accounts, 
payable  to  the  commonwealth  of  Virginia,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  the  office  hereby  created. 

7.  This  act  shall  be  in  force  from  its  passage.  Commencement 


,Chap.  56. — An  ACT  to  amend  and  re-enact  the  2d  section  of  chapter  7  of 

the  Code  of  Virginia,  relating  to  the  election  of  Judges. 

Passed  March  9,  1864. 

1.  Be  it  enacted  by  the  general-assembly,  that  the  second  section  Code  amended 
of  chapter  seven  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  2.    Every  election  of  judge,  other  than  such  election  as  is  pro-  Election  of 
vided  for  in  the  twentieth  section  of  chapter  seven  of  the  Code  of  JudsPB 
Virginia  (edition  of  eighteen  hundred  and  sixty),  shall  be  held,  if  it 
be  for  a  circuit,  at  the  end  of  eight  years,  and  if  it  be  for  a  section, 
at  the  end  of  twelve  years  next  succeeding  the  preceding  election  in 
such  circuit  or  section,  and  on  the  same  day  of  the  month  on  which 
the  said  preceding  election  was  held,  unless  that  daj^  would  come 
within  the  thirty  days  mentioned  in  the  sixteenth  section  of  the  sixth 
article  of  the  constitution  ;  in  which  case,  the  election  shall  be  held 
on  the  first  day  afterwards  that  may  be  consistent  with  the  said  six- 
teenth section  :  provided,  however,  that  no  election  for  a  judge  shall  Proviso 
be  held  under  this  section  during  the  existing  war  between  the  Con- 
federate States  and  the  United  States,  unless  otherwise  provided  by 
law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  57.— An  ACT  to  amend  and  re-enact  the  11th  section  of  the  208th 
chapter  of  the  Code  of  Virginia  (edition  of  1860),  as  amended  and  re- 
enacted  by  an  act  entitled  an  act  to  amend  and  re-enact  section  11  of 
chapter  208  of  the  Code  of  Virginia,  passed  October  30th,  1863,  concern- 
ing Jurors  in  Criminal  Cases. 

Passed  March  10,  1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  eleventh  sec-  Code  amended 
tion  of  chapter  two  hundred  and  eight  of  the  Code  of  Virginia,  as 
amended  by  the  act  passed  October  thirtieth,  eighteen  hundred  and 
sixty-three,  entitled  an  act  to  amend  and  re-enact  section  eleven  of 


&'2  CHANGES    IN    COPE. 

chapter  two  hundred  and  eight  of  the  Code  of  Virginia,  be  amended 

and  re-enacted  so  as  to  read  as  follows  : 
Lodging  and  "  §  11.    When  in  a  case  of  felony  the  jury  are  kept  together  du- 

board, howfnr-   ring  01-  beyond  the  day  on  which  they  are  impanneled,  the  court 

shall  direct  its  officer  to  furnish  them  with  suitable  hoard  and  lodging 

while  so  confined.     The  expense  thereof,  not  exceeding  three  dollars 

per  day  for  each  juror,  shall  he  paid  out  of  the  treasury,  when  allowed 
Allowance  by  the  court :  provided,  that,  in  the  cities  of  Eiclnnond,  Petersburg 

and  Lynchburg,  the  court  may  allow  not  exceeding  six  dollars  a,  day 

for  each  juror." 
Commencement       2.    This  act  shall  he  in  force  from  its  passage,  and  continue  in 

force  until  the  expiration  of  six  'months  after  the  ratification  of  a 

treaty   of   peace  between  the    Confederate  States    and   the  United 

States. 


Chap.  58 — An  ACT  amending  and  re-enacting  the  JOth  section  of  chapter 
J70  of  the  Code  of  Virginia  (edition  of  I860),  concerning  the  Service,  of 
Process. 

Passed  February  24,  1864.    . 

Coot  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  tenth  section 
of  chapter  one  hundred  and  seventy  of  the  Code  of  Virginia  (edition 
of  eighteen  hundred  and  sixty),  be  amended  and  re-enacted  so  as  to 
read  as  follows: 

Proc-jsi  "  §  10.   On  affidavit  that  a  defendant  is  not  a  resident  of  this  state, 

or  that  diligence  has  been  used  by  or  on  behalf  of  the  plaintiff  to 
ascertain  in  what  county  or  corporation  he  is,  without  effect,  or  that 
process,  directed  to  the  officer  of  the  comity  or  corporation  in  which 
he  resides  or  is,  has  been  twice  delivered  to  such  officer  more  than 
ten  days  before  the  return  day,  and  been  returned  without  being 
executed,  or  that  the  defendant  resides  within  a  portion  of  the  state 
occupied  by  the  public  enemy,  so  that  process  from  the  courts  of  this 

Order  of  p«bii-    commonwealth  cannot  be  served  upon  him,  an  order  of  publication 

e:ltI0n  may  be  entered  against  such  defendant.     And  in  any  suit  in  equity, 

where  the  bill  states  that  the  names  of  any  persons  interested  in  the 
subject  to  be  divided  or  disposed  of,  are  unknown,  and  makes  such 

Parties  un-         persons  defendants,  by  the  general  description  of  parties  itnknown, 

known  on  affidavit  of  the  fact  that  the  said  names  are  unknown,  an  order  of 

publication  may  be  entered  against  such  unknown  parties.  Any 
order  under  this  section  may  be  entered  either  in  court  or  at  the 
rules.  In  a  proceeding  by  petition  there  may  be  an  order  of  publi- 
cation in  like  manner  as  in  a  suit  in  equity." 

Comiifnctmeut       2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  59. — An  ACT  amending  and  r^-enaeting  the  5th  section  of  chapter 
184  of  the  Code  of  Virginia  (edition  of  1860),  concerning  Fees  of  r!om- 
missioners  in  Chancery. 

Passed  February  24,  3864. 

Code  amended         t.    Be  it  enacted  by  the  general  assembly,  that  the  fifth  section  of 
chapter  one  hundred  and  eighty-four  of  theCode  (edition  of  eighteen 
hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read  as 
follows : 
Fees  of  corermia-       "  §  5.    A  commissioner  in  chancery,  for  services  v.hich  might  be 
doner  performed  by  notaries,  the  like  fees  for  like  services.     For  any  other 

service,  such  fees  as  the  court  by  which  the  commissioner  is  ap- 
pointed, or  the  judge  of  such  court  in  vacation,  may  from  time  to 
time  prescribe,  not  exceeding  two  dollars,  where  less  than  an  hour  is 
employed,  and  if  more  than  "an  hour  be  employed,  not  exceeding  the 
rate  of  two  dollars  for  each  hour." 


CHANGES    IN    CODE.  53 

2.    This  act  shall  be  in  force  from  its  passage,  and  continue  in  Commencement 
force  during  the  present  war;  whereupon  the  laws  in  force  immedi- 
ately before  the  passage  of  this  act,  regulating  the  fees  of  commis- 
sioners in  chancery,  shall  be  deemed  to  be  in  force. 


Chap.  60. — An  ACT  to  amend  the  6th  section  of  chapter  98  of  the  Code  of 

Virginia  (edition  of  I860),  concerning  Patrols. 
Passed  March  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sixth  section  of  Code  amended 
chapter  ninety-eight  of  the  Code  of  Virginia  (edition  of  eighteen 
hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read  as 

follows : 

"§  6.   For  every  twelve  hours'  service  each  captain  of  a  patrol  Compensation 
shall  be  entitled  to  compensation  not  exceeding  five  dollars,  and  of  Pafrols 
every  other  man  of  the  patrol  not  exceeding  four  dollars,  at  the  dis- 
cretion of  the  court  of  the  county  or  corporation  where,  the  service 
is  rendered;  which  shall  be  chargeable  to  the  county  or  corporation 
to  which  such  patrol  may  belong." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencemeu 


Chap.  61. — An  ACT  amending  and  re-enacting  section  2  of  chapter  12  of 
the  Code  of  Virginia,  so  as  to  authorize  the  employment  hy  the  Confede- 
rate Government  of  the  Collectors  of  Taxes  and  Commissioners  of  the 
Revenue. 

■  Passed  March  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  second  of  Code  amended 
chapter  twelve  of  the  Code  of  Virginia  (edition  of  eighteen  hundred 

and  sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows: 

"§  2.    No  person  shall  be  capable  of  holding  any  such  post  who  Who  not  to  hold 
holds  any  post  of  profit,  trust  or  emolument,  civil  or  military,  legis-  oftce 
lative,  executive  or  judicial,  under  the  government  of  the  Confede- 
rate States,  or  who  receives  in  any  way  from  the  Confederate  States 
any  emolument  whatever:    provided,  that  nothing  in  this  section. Proviso 
shall,  until  six  months  after  the  ratification  of  a  treaty  of  peace  be- 
tween the  Confederate  States  and  the  United  States,  be  so  construed  as 
to  prevent  any  of  the  several  officers  of  this  state,  whose  duty  it  may 
be  to  list,  assess  and  collect  the  public  revenue,  from  being  employed 
by  the  Confederate  States,  within  their  respective  counties  and  cor- 
porations,  in  the  listing,  assessment  and  collection  of  the  public 
revenue  of  the  Confederate  States:  and  provided  further,  that  this  Ordinance  not 
act  shall  not  be  construed  to  repeal  or  alter  any  ordinance  of  the  ^;tpJ^dor 
late  convention  of  Virginia,  enabling  persons  in  the  service  of  the 
Confederate  States  to  accept  or  act  in  any  civil  capacity  in  the  ser- 
vice of  this  state  during  the  existing  war." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  (5-2. — Art  ACT  repealing  all  laws  authorizing  Insurance  of  Tobacco 
by  the  State,  and  amending  the  59th  section  of  chapter  87  of  the  Code 
(edition  of  1860),  so  as  to  render  the  Inspector  liable  to  the  owners  of 
Tobacco  in  certain  cases. 

Passed  March  10, 1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fifty-fifth,  fifty-  Sections  re- 
sixth  and  fifty-seventh  sections  of  chapter  eighty-seven  of  the  Code  pealed 

of  Virginia  (edition  of  eighteen  hundred  and  sixty),  and  all  acts 
amendatory  thereof,  are  hereby  repealed. 

2.  The  fifty-ninth  section  of  chapter  eighty-seven  of  the  Code  Code  amended 
(edition  of  eighteen  hundred  and  sixty),  shall  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 


54 


CHANGES    IN    CODE. 


Liability  of 

specter 


Comtcencemei 


••§  59.  If  the  fire  from  which  any  such  damage  occurred  was 
caused  by  au  inspector  permitting  any  other  person  to  use  or  occupy 
the  warehouse,  or  any  part  of  it,  or  by  the  neglect  or  voluntary  act 
of  said  inspector,  he  and  his  sureties  shall  be  liable  to  the  owners  of 
any  tobacco  damaged  by  such  fire  for  the  amount  of  their  damages." 

3.  This  act  shall  be  in  force  from  and  on  the  first  day  of  April 
eighteen  hundred  and  sixtv-four. 


h  .  w 


i,  B]  ,- 
lildre 
i  Id 


Vo;:.ir:t  Tic  i;.'  : 


Chap.  63. — An  ACT  to  authorize  the  sale  of  certain  Sla\es  now  in  the 

Penitentiary. 
Passed  February  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twentieth  sec- 
tion of  the  seventeenth  chapter  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read 
as  follows : 

"§  20.  In  the  case  of  a  slave  condemned  to  death,  the  governor 
may  order  a  commutation  of  the  punishment,  by  directing  that  such 
slave*  be  sold  at  public  auction,  to  be  transported  beyond  the  limits 
of  the  Confederate  States.  The  governor  shall  cause  him  to  be  sold, 
and  the  purchaser,  before  delivery  to  him  of  the  slave,  shall  pay  into 
the  treasury  the  price  agreed,  and  enter  into  bond,  approved  by  the 
governor,  in  the  penalty  of  one  thousand  dollars,  conditioned  that  the 
slave  shall  within  three  months  be  transported  beyond  the  limits  of 
the  Confederate  States,  and  shall  never  afterwards  return  into  this 
state :  provided,  however,  that  in  the  case  of  any  female  slave  heretofore 
or  hereafter  convicted  of  any  offence  other  than  arson  or  a  crime  against 
a  white  person,  which  in  the  case  of  a  free  negro  would  have  been 
punishable  with  death,  such  female  slave,  and  the  children  of  any 
female  slave  convict  born  after  couvictiou,  may  be  caused  by  the 
governor  to  be  sold  at  public  auction  unconditionally,  and  without 
requiring  bond  as  aforesaid." 

2.  This  act  shall  be  in  force  from  its  passage. 


Cod^  amended 


Wi.it  d<  emed 
felony 


Cor 


Chap.  <i4. — An  ACT  amending  and  re-enacting  the  1st  section  of  chapter 
214  (Code  of  1860),  so  as  to  provide  for  the  punishment  of  Free  Negro 
Convicts  in  certain  cases. 

Passed  February  23,  15R4. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  first,  chap- 
ter two  hundred  and  fourteen  of  the  Code  (edition  of  eighteen  hun- 
dred and  sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  1.  A  convict  confined  in  the  penitentiary,  or  in  custody  of  an 
officer  thereof,  shall  be  deemed  guilty  of  felony,  if  he  shall  kill, 
wound,  or  inflict  other  bodily  injury  upon  an  officer  or  guard  of  the 
penitentiary,  or  shall  escape  from  the  penitentiary  or  such  custody: 
or  who  shall  escape  from  the  custody  of  any  party  who  may  have 
hired  said  convict,  when  a  free  negro,  or  from  the  agent  of  such  party  ; 
or  shall  break,  cut  or  injure  auy  building,  fixture  or  fastening  of  the 
penitentiary,  or  any  part  thereof,  for  the  purpose  of  escaping,  or  aid- 
ing any  other  convict,  to  escape  therefrom,  or  rendering  the  peniten- 
tiary less  secure  as  a  place  of  confinement;  or  shall  make,  procure, 
secrete,  or  have  in  his  possession  any  instrument,  tool  or  tiling  for 
the  said  purpose,  or  with  intent  to  kill,  wound  or  inflict  bodily  injury 
as  aforesaid  ;  or  shall  resist  the  lawful  authority  of  an  officer  or  guard 
of  the  penitentiary,  for  the  said  purpose  or  with  such  iutent." 

2.  This  act  shall  be  in  force  from  its  passage. 


CHANGES   IN    CODE.  5-5 

Chap.  65. — An  ACT  amending  the  9th  section  of  chapter  104  of  the  Code 

of  Virginia,  in  relation  to  Harboring  or  Employing  Slaves 

Passed  January  23,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  ninth  section  Code  amended 
of  chapter  one  hundred  and  four  of  the  Code  of  Virginia  be  amended 

and  re-enacted  so  as  to  read  as  follows : 

"  §  9.  Any  person  harboring  or  employing-  a  slave  without  the  con-  Harboring 
sent  of  his  master,  shall  forfeit  to  the  master  not  less  than  ten  nor slaves 
more  than  fifty  dollars  for  every  day  of  such  harboring  or  employ- 
ment; but  this  section  shall  not  apply  to  any  person  within  the  lines  Proviso 
of  the  public  enemy,  who  shall  so  harbor  or  employ  any  slave,  unless 
it  shall  appear  that  the  same  was  done  with  the  intent  and  purpose 
to  defraud  the  owner  of  the  services  of  such  slave,  or  to  deprive  the 
owner  of  his  right  of  property  in  such  slave." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  66. — An  ACT  to  amend  the  21st  section  of  chapter  -.66  of  the  Code. 
in  regard  to  Appointments  of  Directors  and  Proxies  by  the  Board  of  Pub- 
lic Works. 

Passed  March  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twenty-first  Code  amended 
section  of  the  sixty-sixth  chapter  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to 

read  as  follows : 

"§2f.    The  appointment  of  directors  and  proxies  in  a  company,  Directors  ana 
according  to  the  preceding  and  seventeenth  section,  shall  be  made  ProxJe^  how 
by  the  board  at  the  time  it  first  subscribes  to  the  capital  stock  of 
such  company,  and  afterwards  before  each  annual  meeting  therein : 
but  at  least  one  of  the  directors  and  one  of  the  proxies  in  office  at  Proviso 
the  time  of  an  annual  appointment,  shall  not  be  reappointed  for  the 
ensuing  year." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  67. — An  ACT  to  amend  and  re-enact  the  5th  section  of  chapter  53  of 

the  Code  (edition  of  1860)  in  relation  to  County  Levies. 

Passed  March  4,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fifth  section  of  Code  amended 
chapter  fifty-three  of  the  Code  (edition  of  eighteen  hundred  and 

sixty)  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"§  5.  After  an  order  shall  have  been  made  by  the  court  of  any  How  assessment 
county  at  one  term,  for  the  justices  to  meet  at  the  next  term  and  "iac5e 
consider  the  expediency  of  levying  upon  lands  and  other  property,  if, 
at  such  next  term  a  majority  of  the  acting  justices  be  actually  pre- 
sent and  concur  therein,  the  court  may  order  the  levy  on  free  male 
persons  over  the  age  of  sixteen  years,  and  on  all  slaves,  land  and 
other  property  assessed  with  state  tax  within  the  county,  and  without 
the  limits  of  a  town  that  provides  for  its  poor  and  keeps  its  streets  in 
order,  and  on  the  interest  and  profits  mentioned  in  the  forty-ninth, 
the  yearly  income  in  the  fifty-first,  and  the  fees  in  the  fifty-seventh 
sections  of  the  thirty-fifth  chapter,  on  which  taxes  are  assessed  against 
persons  residing  in  the  said  county,  and  without  the  limits  of  such 
town.  The  order  of  levy  under  this  section  shall  be  for  a  certain 
Bum  on  each  free  male  person  over  the  age  of  sixteen  years,  and  on 
other  subjects,  including  slaves,  for  a  certain  per  centum  upon  the 
amount  of  taxes  thereon.  If  the  state  shall  not  by  law  impose  Basis  for  levy 
taxes  upon  land,  slaves  and  other  property  for  the  year  in  which  the 
court  may  make  such  levy,  the  court  may  adopt  the  assessment  of 
state  taxes  for  any  previous  year,  as  a  basis  for  the  levy,  under  this 
section,  on  land,  slaves  and  other  property." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


&%  CHANGES   IN    CODE. 

Chap.  68. — An  ACT  to  amend  and  re-enact  section  48  of  chapter  85  of  the 
Code  of  Virginia,  to  increase  the  Allowance  for  Clothing  of  Lunatics 
in  Jail. 

Paused  March  10, 1864. 

e»d«  aumndt-d         1.    Be  it  enacted  by  the  general  assembly,  that  the  forty-eighth 
section  of  chapter  eighty-five  of  the  Code  of  Virginia  be  amended 
and  re-enacted  so  as  to  read  as  follows : 
Allowance  f  r         "  §  48.  The  allowance  to  the  jailor  for  the  maintenance  and  care  o| 
Asking  a  lunatic  shall  be  fixed  by  the  court  in  whose  jail  he  is  confined.     No 

more  shall  be  allowed  for  his  clothing  than  two  hundred  dollars  a 
Application  to     year.     No  such  allowance  shall  be  audited  and  paid,  unless  it  appears 
fm.tttic  itfjfifin    in  the  certificate  of  it  that  the  jailor  proved  to  the  court  that  imme- 
diately after  the  commitment  of  the  lunatic,  and  at  least  once  every 
two  mouths  thereafter,  application  was  made  to  the  board  of  directors 
of  the  Central  lunatic  asylum  for  admission,  and  that  such  applica- 
tion was  refused  for  want  of  room,  or  that  snch  applications  were  not 
continued,  because  the  admission  of  the  lunatic  had  been  refused  for 
some  other  cause  than  the  want  of  room." 
I'cKuwenoement      2.    This  a^*  shall  be  in  force  from  its  passage,  and  continue  m 
force  until  the  expiration  of  six  months  after  the  ratification  of  a 
treaty  of  peace  between  the  Confederate  States  and  the  United  States. 


clion  ri 


C.HAP.  69. — An  ACT  to  repeal  section  8,  and  to  amend  and  re-enact  section 

9,  of  chapter  85  of  the  Code  of  Virginia  (edition  of  I860),  so  as  to  dispense 

with  the  office  of  Treasurer  of  the  Central  Lunatic  Asylum,  and  to  direct 

the  Funds  of  said  Asylum  to  be  kept  in  either  of  the  Banks  in  Staunton. 

Passed  March  2,  1864. 

1.    Be  it  enacted  by  the  general  assembly,  that  the  eighth  section 
i>eafe<'  of  chapter  eighty-five  of  the  Code  of  Virginia  (edition  of  eighteen 

hundred  and  sixty),  so  far  as  it  relates  to  the  Central  lunatic  asylum 
at  Staunton,  be  and  the  same  is  hereby  repealed. 
Section  jimundwj      2.    Be  it  further  enacted,  that  section  ninth  of  chapter  eighty-five 
of  the  Code  (edition  of  eighteen  hundred  and  sixty)  be  amended  and 
re-enacted  so  as  to  read  as  follows  : 
Deports,  where       "§  2.»  The  directors  of  the  said  Central  asylum,  upon  the  receipt 
:«nj-,  &c   •         0f  money,  whether  by  appropriation  of  the  general  assembly,  or  from 
any  other  source,  shall  immediately  deposit  the  same  in  the  office  of 
discount  and  deposit  of  either  of  the  banks  at  Staunton,  to  their  .ere-  ' 
dit;  and  it  shall  not  be  lawful  for  the  cashier  or  other  officer  of  either 
of  the  said  banks  to  payout  said  money  so  deposited,  upon  the  order, 
draft  or  check  of  the  said  directors,  except  it  be  in  such  form  as  shall 
be  prescribed  to  said  bank  by  the  board  of  directors  of  said  asylum." 
Commencement       3:    This  act  shall  be  in  force  from  its  passage. 


Chap.  70. — An  ACT  to  amend  the  13th  section  of  chapter  34  of  the  Code  of 
Virginia,  concerning  the  Virginia  Military  Institute.    ■ 
Passed  January  11,  1864. 

Code  amended  J.  Be  it  enacted  by  the  general  assembly,  that  the  thirteenth  sec- 
tion of  the  thirty-fourth  chapter  of  the, Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read 
as  follows : 

aow  cadets  may  '' §  13.  The  board  of  visitors  shall  admit  as  state  cadets,  free  of 
charge  for  board  and  tuition,  upon  evidence  of  fair  moral  character, 
and  of  inability  on  the  part  of  the  applicant  and  of  his  parent  or 
guardian  to  defray  charges,  fifty  young  men,  in  lieu  of  the  number 
now  required,  who  shall  be  not  less  than  fourteen  nor  more  than 
eighteen  years  of  age;  one  of  whom  shall  be  selected  from  each  of 
the  senatorial  districts  as  at  present  constituted.     Whenever  a  va- 


bfi  admitted 


CHANGES   IN    CODE.  57 

cancy  has  occurred,  or  is  likely  to  occur,  due  notice  of  the  time  and 
place  of  making-  the  appointment  to  supply  the  vacancy  shall  he 
given.  If,  after  such  notice,  no  suitable  person  shall  apply  from  any  when  no  appii- 
district,  the  vacancy  may  be  supplied  from  the  state  at  large.  And  f^m  a  Strict 
for  the  purpose  of  providing  a  fund  for  the  support  of  the  state  cadets 
herein  required  to  be  admitted,  the  additional  sum  of  five  thousand 
seven  hundred  and  ninety  dollars  is  hereby  appropriated  annually  ; 
and  the  auditor  of  public  accounts  is  hereby  authorized  and  required 
to  issue  his  warrant  or  warrants  on  the  treasury  for  the  same,  in  the 
manner  that  other  warrants  to  the  said  institution  have  been  hereto- 
fore issued." 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  71. — An  ACT  to  amend  and  re-enact  the  12th  section  of  the  77th 

chapter  of  the  Code  of  Virginia. 

Passed  March  10,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twelfth  section  Code  amended 
of  the  seventy-seventh  chapter  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to  read 

as  follows  : 

"  §  12.  Such  trustees  shall  not  take  or  hold  at  anytime  more  than  Amount  of  land 
two  acres  of  land  in  an  incorporated  town,  nor  more  than  two  hundred  t0  be  held 
acres  out  of  such  a  town  :  provided,  however,  that  it  shall  at  all  times 
be  in  the  power  of  the  legislature  to  reduce  the  amount  of  real  estate 
authorized  to  be  held  under  this  section,  and  upon  such  reduction  to 
require  sale  to  be  made  of  so  much  of  any  such  real  estate  as  may 
be  held  in  excess  of  the  quantity  that  may  thenceforward  be  lawfully 
held." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  7-2. — An  ACT  to  prevent  the  destruction  of  Enclosures  and  Private 
Property  on  Public  Highways. 

Passed  March  9,  18G4. 

1.  Be  it  enacted  by  the  general  assembly,  that  if  any  person  shall  Whattoconsti 
willfully  injure,  burn  or  destroy  any  enclosure  not  his  own,  he  shall tute  mis(lemf'a- 
be  guilty  of  a  misdemeanor. 

2.  If  any  slave  or  free  negro  in  charge  of  a  white  person,  shall 
commit  the  offence  specified  in  the  first  section,  by  the  direction  or 
with  the  knowledge  of  such  white  person,  the  latter  shall  be  deemed 
guilty  to  the  same  extent  as  if  he  had  committed  it  in  person. 

3.  Upon  complaint  made  before  any  justice  of  the  peace,  verified  justice  to  mew 
by  affidavit  of  the  complainant,  that  any  person  has  been  guilty  of wavrani 
said  offence,  the  justice  shall  issue  his  warrant  for  the  arrest  of  the 

person  accused,  and  require  him  to  be  brought  before  him,  or  some 
other  justice  of  the  county,  who,  if  there  be  probable  cause  to  be- 
lieve him  guilty,  shall  commit  him  to  jail  to  answer  the  said  charge 
at  the  next  term   of  the  circuit  or  county  court  for  the  county  in 
which  the  offeuce  was  committed,  if  a  white  person,  unless  he  shall 
give  bail  as  in  other  cases  of  misdemeanors  ;  and  if  a  free  negro  or  if  tree  negro  or 
slave,  shall  be  tried  by  the  justice  before  whom  he  may  be  brought,  8^ve>t6  ree*'ve 
and  if  found  guilty,  shall  be  punished  by  stripes,  at  the  discretion  of     ipeB 
the  justice,  not  exceeding  nine  and  thirty  at  any  one  time. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement 


PRIVATE  OR  LOCAL  ACTS. 


Chap.  73. — An  ACT  to  incorporate  the  Stonewall  Insurance  Company. 
Passed  February  18,  1864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  J.  S.  Company  ia«»t 
Davis,  N.  H.  Massie,  E.  R.Watson,  B.  C.  Flannagan,  R.  W.  N.  porated 
Noland,  A.  P.  Abell,  R.  Colston,  J.  B.  Minor,  C.  T.  Antrim,  M. 

Scheie  De  Vere,  T.  L.  Preston,'  J.  H.  Bibb  and  W.  B.  Mallory, 
together  with  such  other  persons  as  they  may  associate  with  them 
hereafter,  are  hereby  created  and  declared  to  be  a  body  politic  and 
corporate,  by  the  name  and  style  of  The  Stonewall  Insurance  Com- 
pany ;  and  by  that  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded ;  make  and  have  a  common  seal,  and  alter  and  renew  the 
same  at  pleasure ;  contract  and  be  contracted  with;  and  make  by- 
laws and  regulations  not  inconsistent  with  the  laws  of  this  state  or 
of  the  Confederate  States  ;  and  generally  may  do  every  thing  neces- 
sary to  promote  the  object  of  this  corporation,  which  is  not  contrary 
to  the  laws  of  the  land. 

2.  The  said  company  shall  have  power  to  make  insurance  upon  insurance,  how 
dwellings,  houses,  stores,  and  all  other  kinds  of  buildings,  either  in  ™,fdrpon  wbit 
town  or  country,  and  upon  household  furniture,  merchandise  or  other 
property;  against  loss  or  damage  by  fire,  or  by  any  other  liability. 

casualty  or  hazard ;  to  make  insurance  upon  lives,  and  upon  boats 
and  vessels  of  all  kinds,  freights,  goods,  wares,  merchandise,  bul- 
lion, coin,  bank  notes,  mercantile  and  other  securities,  profits,  com- 
missions, bottomry  and  respondentia  interests,  and  upon  all  risks 
of  navigation  and  of  transportation  by  land  or  water ;  to  cause  them- 
selves to  be  reinsured  upon  all  risks  upon  which  they  may  have  made 
insurance,  and  to  insure  any  interest  belonging  to  the  company ;  to 
grant  annuities ;  to  receive  endowments ;  to  contract  for  reversion- 
ary payments ;  to  guarantee  the  paj-meut  of  bonds,  promissory  notes, 
bills  of  exchange,  and  all  debte,  however  evidenced;  and  to  receive  Money  received 
money  on  deposit,  and  grant  certificates  therefor,  in  accordance  with  on  deP°sit 
sections ' four  and  five,  chapter  fifty-nine  of  the  Code  of  Virginia; 
but  in  no  case  shall  such  deposit  be  liable  to  make  good  any  policy 
or  liability  entered  into  by  the  company. 

3.  The  company  shall  have  power  to  invest  its  capital  stock,  depo-  How  funds  ic 
sits  and  other  funds,  in  bank,  state  or  other  stocks ;  in  bonds  of  this  vesfed 

or  any  other  state,  or  of  the  Confederate  States,  or  of  any  incorpo- 
rated company,  and  in  any  other  personal  property ;  to  lend  money 
upon  personal  or  real  security,  and  to  take  the  interest ;  and  to  pur- 
chase, hold,  sell  and  convey  any  real  estate  for  the  purpose  of  secur- 
ing any  debt  due  the  company,  or  for  their  own  use  and  convenience  ; 
but  nothing  herein  contained  shall  be  construed  to  authorize  the  said 
company  to  issue  or  put  in  circulation  any  notes  of  their  own  in  the 
nature  of  bank  notes. 

4.  The  capital  of  said  company  shall  not  be  less  than  one  hun-  Capital 
dred  thousand  nor  more  than  eight  hundred  thousand  dollars,  divided 

into  shares  of  fifty  dollars  each.  The  subscribers  shall  respectively  How  payable 
pay  for  the  shares  subscribed  for  by  them,  at  such  times  and  in  such 
proportions  as  the  president  and  directors  shall  prescribe ;  and  if 
any  subscriber  shall  fail  to  pay  the  sum  or  sums  so  called  for  on  any 
share  held  by  him,  within  twenty  days  after  the  same  has  been  so 
called  for,  then  the  amount  for  which  he  is  delinquent  may  be  reco- 


60 


INSURANCE    COMPANIES. 


Affairs,  bow 
to  aE  aged 


Officers 


Clerks,  &c.  how 
■appointed 


Agents 


Stockholders, 
tiow  liable 


illeneral  meet- 
ing 


■Quorum 


vered  by  motion,  on  twenty  days'  notice  in  writing,  in  any  court  of 
record  for  the  county  or  corporation  where  such  subscriber  may  re- 
side :  provided,  however,  that  said  company  shall  not  commence  its 
business  until  at  least  fifty  thousand  dollars  of  its  capital  stock  have 
been  actually  paid  in  ;  and  that  from  time  to  time,  when  any  increase 
of  capital  stock  is  ordered,  one-half  thereof  shall  be  actually  paid  in, 
and  the  balance  well  secured,  before  such  increase  shall  be  deemed 
valid. 

5.  The  affairs  of  the  said  company  shall  be  managed  by  a  presi- 
dent and  board  of  directors,  five  in  number,  including  the  president, 
of  whom  three  shall  constitute  a  quorum.  The  directors  shall  be 
elected  by  ballot,  from  among  the  stockholders  in  general  meeting 
assembled,  by  a  majority  of  the  votes  of  the  stockholders  present  in 
person  or  by  proxy ;  and  the  directors  thus  chosen  shall  choose  a  pre- 
sident from  among  themselves.  The  said  president  and  directors 
shall  continue  in  office  one  year  and  until  their  successors  are  ap- 
pointed ;  and  in  the  case  of  a  vacancy  in  the  office  of  president  or 
director  from  any  cause,  it  shall  be  filled  by  the  remaining  directors, 
or  a  legal  quorum  thereof,  for  the  remainder  of  the  term  of  the  said 
president  or  director. 

6.  The  president  and  directors  may  appoint,  and  at  their  pleasure 
remove,  a  secretary  and  such  clerks  and  other  officers  as  they  may 
deem  expedient  for  the  proper  conduct  of  the  company's  business, 
taking  bond,  in  their  discretion,  with  good  security,  from  any  or  all 
of  them,  conditioned  for  the  faithful  performance  of  their  respective 
duties,  and  shall  prescribe  the  compensation  and  duties  of  them  and 
of  the  president. 

7.  The  president  and  directors  shall  have  power  to  appoint  and 
at  pleasure  to  remove  agents  in  this  state  or  elsewhere ;  and  it  shall 
be  their  duty  to  appoint  them  in  any  county  or  corporation  in  this 
state,  when  requested  so  to  do  by  not  less  than  ten  stockholders  resi- 
dent in  such  county  or  corporation,  and  holding  not  less  than  one 
hundred  shares  of  stock. 

8.  The  president  and  directors  shall  have  power  from  time  to  time 
to  declare,  out  of  the  profits  of  the  company,  such  dividends  as  they 
shall  deem  proper,  so  as  in  no  case  to  impair  the  capital  stock  of  the 
company  thereby.  They  shall  also  make  and  publish,  at  the  end  of 
every  year,  except  that  in  which  the  company  goes  into  operation,  a 
statement  showing  the  condition  of  the  company  for  the  current 
year. 

9.  Any  member  may  transfer  one  or  more  of  his  shares  of  stock 
in  the  manner  prescribed  by  the  by-laws,  and  the  president  and  di- 
rectors may  sell  as  many  shares  in  addition  to  those  first  taken  as  the 
stockholders  in  general  meeting  shall  direct,  so  as  that  the  capital 
stock  shall  in  no  case  exceed  the  maximum  amount  of  eight  hundred 
thousand  dollars  herein  before  prescribed :  provided,  however,  that 
no  stockholder  indebted  to  the  company  as  principal,  endorser, 
guarantor,  or  otherwise,  on  paper  due  or  yet  to  mature,  or  in  any 
other  form  of  liability,  shall  be  permitted  to  transfer  his  stock,  or 
any  part  thereof,  or  to  receive  a  dividend,  until  such  debt  or  liability 
is  paid  or  secured  to  the  satisfaction  of  the  board  of  directors. 

10.  No  stockholder  shall  be  liable  for  any  loss,  damage  or  respon- 
sibility, otherwise  than  to  the  extent  of  the  shares  held  by  him  in  the 
capital  stock,  and  any  profits  arising  thereupon  not  divided. 

11.  General  meetings  of  the  stockholders  shall  be  held  annually, 
at  such  time  and  place  as  the  by-laws  shall  prescribe;  and  such 
meetings  shall  be  called  specially  by  the  president  and  directors 
whenever  five  stockholders,  having  in  the  aggregate  as  many  as  four 
hundred  shares,  shall  in  writing  require,  or  the  president  and  direc- 
tors shall  themselves  deem  it  proper.  And  in  all  meetings  of  the 
stockholders,  a  majority  of  all  the  shares  shall  be  a  quorum  for  the 
transaction  of  business,  but  a  less  proportion  may  adjourn  from  time 


INSURANCE    COMPANIES.  (31 

to  time.     At  any  meeting  of  the  stockholders  each  stockholder  shall 
be  entitled  to  as  many  votes  as  he  may  own  shares. 

12-  The  persons  named  in  the  first  section,  or  a  majority  of  them,  Directors,  bow 
shall  fix  upon  some  suitable  place,  and  shall  give  five  days'  notice  for  cbosen 
a  meeting  of  the  stockholders  to  choose  directors,  and  shall  supervise 
the  election. 

•    13.   This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject ftommencKoient 
to  be  altered,  amended  or  repealed,  at  the  pleasure  of  the  general 
assembly. 


Chap.  74. — An  ACT  to  incorporate  the  Richmond  City  Insurance  Company. 
Passed  February  13,  1864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Wil-  Company  incor 
Ham  B.  Jones,  John *T.  Butler,  A.  A.  Hutcheson,  T.   H.  Wynne.  porated 
William  S.  Morris,  and  all  others  who  mn,y  be  associated  with  them 

under  this  act,  be  and  they  are  hereby  created  and  declared  to  be  a 
body  politic  and  corporate,  by  the  name  and  style  of  The  Bichmond 
City  Insuviiice  Company ;  and  by  that  name  and  style  shall  be  in- 
vested with  all  the  rights,  powers  and  privileges  conferred,  and  made 
subject  to  all  the  rules,  regulations  and  restrictions  imposed  by  the 
Code  of  Virginia,  applicable  to  such  corporations,  and  to  all  other 
acts  amendatory  thereof,  which  have  heretofore  or  may  hereafter  be 
passed,  so  far  as  the  same  are  not  inconsistent  with  this  act. 

2.  This  company  shall  have  authority  and  power  to  make  insurance  Power  to  make 
upon  dwellings,  houses,  stores,  and  all  other  kind  of  buildings,  either  raf,uranrf'.  &r- 
in  town  or  country,  and  upon  household  furniture,  merchandise  and 

other  property,  against  loss  or  damage  by  fire ;  to  make  insurance 
upon  lives;  to  cause  themselves  to  be  reinsured,  when  deemed  expe- 
dient, against  any  risk  or  risks  upon  which  they  have  made  or  may 
make  insurance  ;  to  grant  annuities  ;  to  receive  endowments ;  to  con- 
tract for  reversionary  payments;  to  guarantee  the  payment  of  pro- 
missory notes,  bills  of  exchange,  or  other  evidences  of  debt;  to  make 
insurance  upon  vessels,  freights,  goods,  wares,  merchandise,  specie, 
bullion,  profits,  commissions,  bank  notes,  bottomry  and  respondentia 
interests ;  and  to  make  all  and  every  insurance  connected  with 
marine  risks  of  transportation  and  navigation  ;  and  to  receive  money 
on  deposit,  and  pay  interest  thereon,  as  may  be  advantageous  to  the 
stockholders;,  to  invest  the  funds  of  the  company  in  any  stocks  of 
any  kind,  or  loans,  as  may  be  judged  best  for  the  interests  of  the 
company :  provided,  that  in  no  event  shall  the  deposits  be  liable  for 
the  satisfaction  of  any  policy. 

3.  The  capital  stock  of  the  company  shall  be  one  hundred  thou-  Capital 
sand  dollars,  divided  into  shares  of  the  par  value  of  ten  dollars.     The 

said  capital  stock  shall  be  payable  by  each  subscriber,  at  such  time 
or  times  as  it  may  be  called  for  by  the  president  and  directors,  and 
in  such  proportion  as  they  may  deem  necessary :  provided,  however,  Proviso 
that  said  company  shall  not  commence  its  business  until  at  least  fifty 
thousand  dollars  of  the  capital  stock  has  been  actually  paid  in. 

4.  The  affairs  of  said  company  shall  be  managed  by  a  president  Affairs,  how 
and  board  of  directors,  seven  in  number,  four  of  whom  shall  con-  mana?«J 
stitute  a  quorum. 

5.  No  stockholder  indebted  to  the  company  shall  be  permitted  to  Transfers 
make  a  transfer  or  receive  a  dividend  until  such  debt  is  paid  or  secured 

to  the  satisfaction  of  the  board  ;  and  if  such  debt  shall  remain  unpaid 
for  three  months  after  it  has  become  due  and  payable,  the  directors 
may  sell  such  portion  or  all  of  the  stock  belonging  to  the  stockholder 
in  default,  as  may  be  necessary  to  satisfy  the  debt. 

6.  The  persons  named  in  the  first  section  shall  be  commissioners,  Commiasionara 
any  three  of  whom  may  act,  to  open  books  to  receive  subscriptions 

to  the  capital  stock  of  said  company;  and  three  days'  notice  shall  be 


62  IMPORTING   AND    EXPORTING    COMPANIES. 

given  by  said  commissioners  of  the  time  and  place  of  opening  such 
books,  in  a  newspaper  published  in  the  city  of  Richmond ;  which 
books  shall  no*  be  closed  in  less  than  five  days  from  the  time  of 
opening. 
Capital,  how  7.   Whenever,  in  the  opinion  of  a  majority  of  the  stockholders,  it 

increased  may  be  deemed  expedient,  the  capital  stock  of  the  company  may  be 

increased  in  such  amounts  as  they  may  direct,  not  exceeding  five  hun- 
dred thousand  dollars. 
Commencement       8.    This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  75. — An  ACT  to  amend  the  Charter  of  the  Farmers  and  Mechanics 

Insurance  Company  of  the  City  of  Richmond. 

Passed  February  29,  1864. 

Act  amended  1.   Be  it  enacted  by  the  general  assembly,  that  the  second  section 

of  the  act  passed  March  twenty-eighth,  eighteen  hundred  and  sixty- 
one,  to  incorporate  the  Farmers  and  Mechanics  insurance  company 
of  the  city  of  Richmond,  be  amended  and  re-enacted  so  as  to  read  as 
follows  : 

Capital  "  §  2-    The  capital  stock  of  said  corporation  shall  not  be  less  than 

one  hundred  thousand  dollars  nor  more  than  one  million  dollars, 
divided  into  shares  of  the  par  value  of  twenty  dollars  each ;  but  said 
company  shall  not  commence  business  until  at  least  fifty  thousand 
dollars  of  said  capital  be  paid  in." 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chaf.  76. — An  ACT  amending  the  2d  section  of  an  act  amending  the  Char- 
ter of  the  Virginia  Fire  and  Marine  Insurance  Company,  passed  January 
4th,  1858. 

Passed  February  25,  1864. 

Act  amended  1.   Be  it  enacted  by  the  general  assembly,  that  the  second  section 

of  the  act  amending  the  charter  of  the  Virginia  fire  and  marine  in- 
surance company,  passed  January  fourth,  eighteen  hundred  and 
fifty-eight,  be  and  the  same  is  hereby  amended  aud  re-enacted  so  as 
to  read  as  follows  : 

Capital,  how  in-       "§  2.    The  capital  stock  of  the  said  corporation  shall  not  be  less 

creased  than  two  hundred  thousand  dollars ;  and  they  shall  have  authority  to 

increase  the  same  from  time  to  time  as  they  may  find  it  necessary 
and  expedient,  so  as  not  to  exceed  two  millions  of  dollars ;  and  the 
par  value  of  tbe  shares  in  the  said  capital  stock  shall  be  twenty-five 

Proviso  dollars  each  :  provided,  however,  that  upon  any  increase  of  the  capi- 

tal stock  of  said  company,  in  pursuance  of  this  act,  at  least  one-half 
of  such  increase  shall  be  paid  in  by  the  subscribers,  and  the  balance 
well  secured." 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


CHAP.  77. — An  ACT*to  amend  and  re-enact  an  act  entitled  an  act  to  incor- 
porate the  Richmond  Importing  and  Exporting  Company,  passed  Feb- 
ruary 21st,  1863. 

Passei  February  29,  1864. 

Company  jncor-      1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Thomas 
porated  w  McCance,  John  D.  Harvey,  Emanuel  Miller,  T.  Edward  Ham- 

bleton,  junior,  Andrew  L.  Ellett,  Alfred  Moses,  W.  M.  Barrett,  James 
L.  Apperson,  R.  H.  Maury,  William  Boulware,  William  Allen,  Wil- 
liam Gr.  Payne  and  Samuel  J.  Harrison,  together  with  such  other 
persons  and  firms  as  are  now  connected  with  them,  under  the  name 


MANUFACTURING    COMPANIES.  63 

and  style  of  the  Richmond  importing  and  exporting  company,  be  and 
the  same  are,  together  with  their  successors  and  assigns,  hereby  made 
and  constituted  a  body  corporate,  under  the  said  name  and  style  of 
The  Richmond  Importing  and  Exporting  Company,  for  the  purpose  Corporate  nan  >■ 
of  owning,  navigating  and  freighting  ships  and  other  vessels  engaged  Powei's 
in  foreign  and  domestic  commerce,  and  of  buying  and  selling  the 
products  and  commodities  so  freighted  or  intended  to  be  freighted. 
The  capital  of  the  said  company  shall  not  be  less  than  five  hundred  Capital 
thousand  dollars  nor  more  than  five  millions  of  dollars,  and  shall  be 
held  in  shares  of  five  hundred  dollars  each.     The  affairs  of  the  com-  Affairs,  how 
pany  shall  be  managed  by  a  president  and  board  of  directors,  whose  maDa8ed 
term  of  office  and  their  number  shall  be  determined  and  elected  by 
the  stockholders ;  and  the  said  board  of  directors  shall  possess  all  the 
corporate  powers  of  the  company :    provided,  however,  that  nothing 
in  this  act  shall  change  or  affect  the  rights,  obligations,  exemptions 
and  immunities  of  the  said  company,  under  the  provisions  of  the 
laws  of  the  Confederate  States  applicable  to  owners  of  vessels :  and 
provided,  that  the  said  company  shall  be  subject  to  such  general 
laws  as  may  affect  corporations  of  this  character.     This  act  shall  be 
in  force  from  its  passage,  and  be  subject  to  repeal,  modification  or 
amendment,  at  the  pleasure  of  the  general  assembly. 
2.   This  act  shall  be  in  force  from  its  passage.  Commecwment 


Chap.  78. — An  ACT  continuing  and  amending  the  Charter  of  the  Rich- 
mond Glass  Manufacturing  Company. 
Passed  March  10,  1864. 

Whereas,  by  an  order  of  the  circuit  court  for  the  county  of  Hen-  Preamble 
rico  and  state  of  Virginia,  dated  the  thirtieth  day  of  October  eighteen 
hundred  and  sixty-three,  and  the  certificate  of  G-.  W.  Munford, 
secretary  of  the  commonwealth,  dated  November  twenty-seventh, 
eighteen  hundred  and  sixty-three,  it  appears  that  a  company  by  the 
name  and  style  of  the  Richmond  glass  manufacturing  company,  was 
duly  incorporated  and  declared  to  be  a  body  politic  and  corporate, 
under  authority  of  chapter  sixty-fifth  of  the  Code  of  Virginia  :  And 
whereas  it  is  deemed  advisable  to  have  said  charter  confirmed  and 
amended  by  an  act  of  the  general  assembly : 

1.  Be  it  therefore  enacted  by  the  general  assembly  of  Virginia,  Charter  cop 
that  the  said  charter  is  hereby  sanctioned  and  confirmed,  and  tbatj^™^1      ;rcor 
William  S.  Morris,  as  president  and  ex-officio  member  of  the  board,  porated 

and  J.  H.  Montague,  Samuel  J.  Harrison,  M.  Jones  and  Robert  A. 
Lancaster,  as  directors,  as  a  body  politic  and  corporate,  by  the  name 
and  style  of  The  Richmond  Glass  Manufacturing  Company,  are 
hereby  invested  with  all  the  rights,  powers  and  privileges,  and  sub- 
ject to  all  the  rules,  regulations  and  restrictions  provided  and  pre- 
scribed in  the  Code  of  Virginia,  applicable  to  such  corporate  bodies, 
and  any  laws  amendatory  thereof,  not  inconsistent  with  the  charter 
granted  in  manner  aforesaid,  and  with  the  provisions  of  this  act. 

2.  That  the  capital  of  said  company  shall  not  be  less  than  one  Capital 
hundred  and  fifty  thousand  dollars,  and  not  more  than  one  million 
dollars,  with  power  to  manufacture  glass,  glass  ware,  tile  and  crockery 
ware,  and  to  purchase,  lease,  take  and  hold,  sell  and  convey  real  es- 
tate, not  exceeding  two  thousand  acres. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  79. — An  ACT  to  incorporate  the  Henrico  Manufacturing  Company. 
Passed  March  4,  1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  William  S.  Morris,  Company  iucor- 
Thomas  H.  Wynne  and  P.  M.  Thompson,  and  such  other  persons  as  Porated 


G4 


MANUFACTURING    COMPANIES. 


Delegated 


Capital 


Commencement 


may  he  hereafter  associated  with  them,  not  less  than  rive,  shall  he 
and  are  hereby  incorporated  and  made  a  body  politic  and  corporate, 
by  the  name  and  style  of  The  Henrico  Manufacturing  Company,  for 
the  purpose  of  mining  iron,  copper  or  lead  ore  or  coal,  and  also  for 
the  purpose  of  maufacturing  paper,  cotton  and  woolen,  iron  and  other 
metals,  in  the  county  of  Henrico,  and  counties  adjoining  thereto,  and 
of  transacting  the  usual  business  of  companies  engaged  in  mining, 
manufacturing,  and  of  transporting  to  market  and  selling  the  pro- 
ducts of  their  mines  and  m an u facto iy. 

2.  The  said  company  is  hereby  invested  with  all  the  rights,  privi- 
leges and  powers,  and  made  subject  to  the  restrictions  and  regula- 
tions now  provided  by  law  for  the  general  regulation  of  bodies  politic 
and  corporate,  and  of  the  mining  and  manufacturing  companies,  of 
this  commonwealth,  so  far  as  the  same  may  apply,  and  are  not  in- 
consistent with  the  provisions  of  this  act :  provided,  however,  that 
said  company  shall  not  commence  business  until  at  least  twenty-five 
thousand  dollars  of  the  capital  stock  has  been  actually  paid  in. 

3.  The  capital  stock  of  said  company  shall  consist  of  not  less  than 
fifty  thousand  dollars  nor  more  than  five  hundred  thousand  dollars,  to 
be  divided  into  shares  of  one  thousand  dollars ;  and  the  said  com- 
pany shall  have  the  right  to  purchase  and  to  hold  land  not  exceeding 
one  thousand  acres. 

4.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  amendment,  alteration  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Act  amended 


Capital 


Commencement 


Chap  80. — An  ACT  to  amend  and  re-enact  the  2d  section  of  an  act  to  incor- 
porate the  Union  Manufacturing  Company. 
Passed  February  27,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section 
of  the  act  passed  September  thirtieth,  eighteen  hundred  and  sixty- 
two,  entitled  an  act  to  incorporate  the  Union  manufacturing  com- 
pany in  the  county  of  Fluvanna,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 

"  §  2.  The  capital  stock  shall  be  not  less  than  fifty  thousand  dol- 
lars nor  more  than  four  hundred  thousand  dollars,  to  be  divided  into 
shares  of  one  hundred  dollars  each,  four-fifths  of  which  shall  never 
be  owned  by  less  than  four  shareholders;  and  it  shall  he  lawful  for 
the  commissioners  herein  after  named  or  referred  to,  to  open  books 
of  subscription  for  raising  the  said  capital  stock,  at  such  times  and 
places  as  they  may  designate." 

2.  This  act  shall  be  in  force  from  its  passage. 


Company  in«or 
porated 


Delegated 
powers 


Chap.  81. — An  ACT  incorporating  the  Virginia  Porcelain  and  Earthenware 

Company  in  the  County  of  Augusta. 

Passed  January  22,  18G4. 

1.  Be  it  enacted  by  the  general  assembly,  that  Martin  Coiner, 
William  W.  Withrow,"  Dr.  T.  W.  Shelton,  Gerard  B.  Stuart,  Alex- 
ander H.  H.  Stuart,  of  the  county  of  Augusta,  and  such  others  as 
.  may  be  hereafter  associated  with  them,  shall  be  and  are  hereby  in- 
corporated a  body  corporate  and  politic,  under  the  name  and  style  of 
The  Virginia  Porcelain  and  Earthenware  Company,  for  the  purpose 
of  mining  kaolin  and  manufacturing  porcelain,  china  and  other  earth- 
enware and  fire-bricks,  and  such  like  articles,  and  disposing  of  their 
products  in  market ;  and  as  such  incorporation,  shall  have  all  the 
powers  and  privileges  conferred,  and  be  subject  to  all  restrictions  im- 
posed on  corporations  by  the  fifty-sixth  and  fifty-seventh  chapters  of 


MINING    COMPANIES.  65 

the  Code  of  Virginia,  so  far  as  the  same  are  not  inconsistent  with  the 
purposes  of  this  act. 

2.  That  the  capital  stock  of  the  corporation  shall  be  not  less  than  Capital 
fifteen  thousand  nor  exceed  two  hundred  and  fifty  thousand  dollar;?. 

to  be  divided  into  shares  of  fifty  dollars  each:  and  the  said  corpora- 
tion may  hold  land  for  their  purposes,  not  exceeding  three  thousand 
acres. 

3.  This  act  shall  be  in  force  from  its  passage,  and  be  subject  to  Commencement 
modification  at  any  time  by  the  general  assembly. 


Chap.  82. — An  ACT  to  incorporate  the  Confederate  States  Porcelain 

Company. 

Passed  March  3,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  F.  J.  Barnes  of  the  Company  incor- 
county  of  Charlotte,  and  such  other  persons  as  may  be  hereafter  p01'"'^1 
associated  with  him,  shall  be  and  are  hereby  made  a  body  corporate 

and  politic,  under  the  name  and  style  of  The  Confederate  States  Por- 
celain Company,  for  the  purpose  of  mining  kaolin  and  fire  clay,  and 
manufacturing  porcelain,  china  and  other  earthenware  and  fire  bricks 
and  other  articles,  and  disposing  of  their  products  in  the  markets; 
and  as  such  incorporation,  shall  have  all  the  powers  and  privileges  Power» 
conferred,  and  be  subject  to  all  restrictions  imposed  on  corporations 
by  the  fifty-sixth  and  fifty-seventh  chapters  of  the  Code  of  Virginia, 
so  far  as  the  same  are  not  inconsistent  with  the  purposes  of  this  act. 

2.  That  the  capital  stock  of  the  corporation  shall  not  be  less  than  Capital 
one  hundred  thousand  nor  more  than  five  hundred  thousand  dollars, 

to  be  divided  into  shares  of  one  hundred  dollars  each  ;  and  the  said 
corporation  may  hold  land  for  their  purposes,  not  exceeding  five  thou- 
sand acres. 

3.  This  act  shall  be  in  force  from  its  passage,  and  be  subject  to  Commencem™* 
modification  at  any  time  by  the  general  assembly. 


Chap.  83. — An  ACT  to  incorporate  the  Hardy  Coal  Mining  Company. 
Passed  March  4,  1864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  George  Company  incor- 
Lee,  G-eorge  Arents,  Charles  Hartwell,  John  Fisher,  G.  W.  Jones  P°rat,!d 

and'  W.  Peterson,  and  such  other  persons  as  may  be  hereafter  asso- 
ciated with  them,  and  their  successors,  shall  be  and  are  hereby  incor- 
porated and  made  a  bodj'  politic  and  corporate,  under  the  name  and 
style  of  The  Hardy  Coal  Mining  Company,  for  the  purpose  of  mining 
for  coal  and  other  minerals  in  the  county  of  Hardy,  and  for  transport- 
ing and  selling  the  same  ;  and  by  that  name  and  style  may  have  a  Power? 
common  seal,  and  be  invested  with  all  the  rights,  privileges  and 
powers,  and  made  subject  to  all  the  limitations  and  restrictions  con- 
tained in  the  Code  of  Virginia  for  the  management  and  control  of 
such  bodies  politic  and  corporate,  so  far  as  the  same  may  be  appli- 
cable, and  not  inconsistent  with  the  provisions  of  this  act. 

2.  The  said  company  may  purchase  and  hold  real  estate  in  the  Land? 
county  of  Hardy,  not  exceeding  six  thousand  five  hundred  acres,  and 
such  other  property  as  they  may  deem  necessary  for  the  purposes  of 
this  incorporation. 

3.  The  capital  stock  of  said  company  shall  be  not  less  than  sixty  Capital 
thousand  dollars  nor  more  than  five  hundred  thousand  dollars,  and 
shall  be  divided  into  shares  of  one  hundred  dollars  each ;  which  shall 

be  transferable  agreeably  to  the  laws  of  said  company. 

4.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Commencement 
to  any  amendment,  alteration  or  modification  at  the  pleasure  of  the 

general  assembly. 

5 


66 


RAIL    ROAD. TOWNS. 


Chap.  84. 


OonapETv 
p&rated 


Corporate  nami 


Capitai 


Commencement 


-An  ACT  to  incorporate  the  Catawba  Rail  Road  Company. 
Passed  March  9,  1864. 


1.  Be  it  enacted  by  the  general  assembly,  that  Joseph  E.  Ander- 
son, Francis  B.  Deane,  junior,  Thomas  H.  Ellis,  Francis  T.  Glasgow, 
John  T.  Anderson,  and  such  other  persons  as  they  may  associate 
with  them,  be  and  they  are  hereby  incorporated,  under  the  name  and 
style  of  The  Catawba  Eail  Eoad  Company,  for  the  purpose  of  con- 
structing a  rail  road  from  some  point  at  or  near  the  Catawba  furnace, 
in  the  county  of  Botetourt,  to  some  point  on  the  James  river  and 
Kanawha  canal,  between  the  town  of  Buchanan  and  the  mouth  of 
Catawba  creek. 

2.  The  capital  stock  of  the  said  company  shall  not  exceed  one 
million  of  dollars,  and  it  shall  be  organized  in  conformity  with  the 
fifty-seventh  chapter  of  the  Code,  and  have  all  the  rights  and  privi- 
leges, and  be  subject  to  all  the  restrictions  contained  in  the  fifty-sixth 
and  sixty-first  chapters  of  the  Code. 

3.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  modification  or  repeal,  at  the  pleasure  of  the  general  assembly. 


A<rt  amended 


*"owerg  of 


<?o  a.  to  en  cement 


Chap.  85. — An  ACT  amending  and  re-enacting  an  act  entitled  an  act  to 
a  nend  the  Charter  and  extend  the  Corporate  Limits  of  the  Town  of  Char- 
lottesville, passed  March  14th,  1860. 

Passed  February  23,  1864. 

1 .  Be  it  enacted  by  .the  general  assembly,  that  the  fifth  section  of 
the  act  passed  March  fourteenth,  eighteen  hundred  and  sixty,  enti- 
tled an  act  to  amend  the  charter  and  extend  the  corporate  limits  of 
the  town  of  Charlottesville,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 

"§  5.  For  the  purpose  of  improving  the  streets,  maintaining  a 
sufficient  police,  and  providing  for  the  support  of  the  poor  of  the 
town,  the  council  may  levy  and  collect  annually  a  tax  on  the  tithables 
and  taxable  subjects  within  the  limits  of  the  corporation,  not  exceed- 
ing six  thousand  dollars;  and  for  the  erection  of  any  building  or 
purchase  of  any  property,  real  or  personal,  which  they  may  deem 
necessary  for  the  use  of  the  town,  they  may  levy  such  additional  tax 
as  may  be  sufficient  therefor :  provided,  that  no  additional  tax  for 
any  such  special  purpose  shall  be  levied  unless  by  consent  of  two- 
thirds  of  the  freeholders  qualified  to  vote  for  members  of  the  council ; 
which  consent  shall  be  ascertained  by  holding  a  poll  at  such  place  as 
may  be  prescribed  by  ordinance,  after  giving  not  less  thau  two  weeks' 
notice  thereof  in  one  or  more  newspapers  published  in  the  town  of 
Charlottesville.  The  result  shall  be  determined  by  the  face  of  the 
poll  book;  reserving,  however,  the  right  to  the  council  to  examine 
and  purge  the  poll  of  all  illegal  votes.  Upon  the  consent  of  two- 
thirds  of  the  freeholders,  indicated  in  the  same  manner,  the  mayor 
and  council  of  the  said  town  of  Charlottesville  shall  have  power  to 
borrow  money,  not  exceeding  five  thousand  dollars  at  any  one  time, 
and  shall  have  power  to  issue  therefor  coupon  or  other  bonds." 

2.  This  act  shall  be  in  force  from  and  after  the  passage  thereof. 


Chap.  86.— An  ACT  to  amend  the  Charter  of  the  City  of  Petersburg. 
Passed  February  17,  1864. 

Act  amended  1.   Be  it  enacted  by  the  general  assembly,  that  the  fifth  section  of 

the  act  entitled  an  act  providing  for  the  election  of  certain  state  and 
municipal  officers  in  the  city  of  Petersburg,  passed  April  twentieth, 
eighteen  hundred  and  fifty-two,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 


TOWNS.  f>7 

"  §  5.  For  superintending  said  elections  the  common  council  shall,  Election,  how 
previous  thereto,  appoint  five  persons  in  each  ward  as  commissioners,  conducted 
any  two  or  more  of  whom  may  act,  to  superintend  the  election  in 
such  ward;  and  the  said  commissioners  shall  have  such  powers  and 
perform  such  duties  as  are  prescribed  by  the  sixth  section  of  the 
seventh  chapter  of  the  Code  of  Virginia,  after  taking  such  oath  as  is 
prescribed  in  the  seventh  section  of  the  same  chapter;  a  certificate 
cf  which  oath  shall  be  returned  to  the  clerk  of  the  council,  to  be 
preserved  in  his  office.     The  polls  at  such  election  shall  be  opened 
and  closed  in  the  manner  directed  in  the  second  section  of  the  said 
seventh  chapter.     An  officer  to  conduct  the  election  in  each  ward  Officers,  how 
shall  be  appointed  by  the  council ;  or  if  the  council  fail  to  do  so,  or  aPP',inte<J 
the  officer  appointed  fail  to  attend,  by  the  commissioners.     Under 
the  superintendence  of  the  commissioners,  it .  shall  be  the  duty  of 
said  officer  (after  taking  the  oath  prescribed  by  the  tenth  section  of 
said  chapter,  a  certificate  whereof  shall  be  returned  to  the  clerk  of 
the  council)  to  cause  the  polls  to  be  opened  publicly  in  the  ward  for 
which  he  is  appointed ;  to  proclaim  and  see  recorded  the  votes  ad- 
mitted by  the  commissioners ;  to  preserve  order  and  remove  force. 
The  said  officer  shall  employ  writers  and  furnish  poll  books,  for  which  Writers 
the  council  shall  allow  compensation  out  of  the  city  treasury.     Each 
writer  shall  take  an  oath,  to  be  administered  by  said  officer,  faithfully 
to  record  the 'votes,  and  shall  enter  the  name  of  each  voter  in  a' Polls,  how  kept 
column  to  be  headed  with  the  words  'Names  of  voters;'  and  oppo- 
site the  name  of  the  voter,  a  mark  under  the  name  of  each  person 
for  whom  he  votes.     The  said  vote's  shall  be  given  as  prescribed  by 
the  fourth  section  of  the  third  article  of  the  constitution ;  but  at  the  Tickets 
time  a  vote  is  given,  the  officer  shall  receive  of  each  voter  a  paper  or 
ticket  (with  his  name  written  on  it),  which  shall  specify  the  names 
of  the  persons  for  whom  he  votes,  and  for  what  office." 

2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  87. — An  ACT  to  amend  the  Charter  of  the  Town  of  Ashland,  iu 

Hanover  County. 

Pagged  January  11, 1864. 

i.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  third  Act  amended 
section  of  the  act  passed  February  nineteenth,  eighteen  hundred  and 
fifty-eight,  entitled  an  act  to  incorporate  the  town  of  Ashland,  in 
the  county  of  Hanover,  be. amended  and  re-enacted  so  as  to  read  as 
follows : 

"  §  3.    The  council  shall  elect  from  their  own  number  a  president,  powers  of  pre- 
who  shall  preside  at  all  the  meetings  of  the  council,  and  when  they  "dent  of  council 
are  equally  divided,  shall,  in  addition  to  his  individual  vote,  give  the 
casting  vote ;  and  he  shall  be  invested  with  all  the  powers  of  a  jus- 
tice of  the  peace  within  the  precincts  of  said  town,  for  one  mile 
around  the  corporate  limits  thereof,  and  shall  have  like  power  with  a 
justice  of  the  peace  to  commit  any  person,  charged  with  an  offence 
before  him,  to  the  county  jail,  or  let  to  bail  on  recognizance  to  appear 
before  the  county  court ;  and  the  sergeant  of  said  corporation  shall  Of  sergeant 
have  the  like  power  with  the  constable  of  said  county,  to  pursue  and 
arrest  all  offenders  for  offences  within  said  corporate  limits,  and  to 
convey  any  one  so  ordered  to  be  committed  to  the  county  jail,  there 
to  be  dealt  with  as  if  committed  by  warrant  of  a  justice  of  the 
peace." 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


68 


TOWNS. — UNION    FEMALE    COLLEGE. 


Act  amended 


Chap.  88. — An  ACT  to  amend  the  Charter  of  the  Town  of  Bridgewater,  in 

the  County  of  Rockingham. 

Passed  March  3,  3864. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
seventh  section  of  an  act  passed  February  seventh,  eighteen  hundred 
and  thirty-five,  entitled  an  act  to  establish  the  town  of  Bridgewater, 
in  the  county  of  Rockingham,  be  amended  and  re-enacted  so  ,as  to 
read  as  follows : 
Corporate  limits  "  §  7.  For  the  purpose  of  maintaining  the  police  of  said  town,  the 
extended  jurisdiction  of  the  trustees  shall  be  extended  to  the  southwest  shore 

of  North  rive.-:  and  Liberty  street  shall  be  laid  off  and  established 
twenty  feet  wide;  Main  street,  fifty-five  feet  wide;  Grove  street, 
twenty  feet  wide,  and  Centre  alley,  twelve  feet  wide:  and  the  said 
trustees  shall  elect  from  their  own  number  a  maj'or,  who  shall  pre- 
side at  all  the  meetings  of  the  trustees;  and  he  shall  be  invested 
with  all  the  powers  of  a  justice  of  the  peace  within  the  precincts  of 
said  town,  and  for  one  mile  around  the  corporate  limits  thereof,  and 
shall  have  like  power  with  a  justice  of  the  peace  to  commit  any  per- 
son charged  with  an  offence  before  him,  to  the  county  jail,  or  let  to 
bail  on  recognizance  to  appear  before  the  county  court ;  and  the  ser- 
geant of  said  corporation  shall  have  the  like  power  with  the  con- 
stable of  said  county,  to  pursue  and  arrest  all  offenders  for  offences 
committed  within  the  last  aforementioned  corporate  limits,  and  to 
convey  any  one  so  ordered  to  be  committed  to  the  county  jail,  there 
to  be  dealt  with  as  if  committed  by  warrant  of  a  justice  of  the  peace.'' 
Commencement      2.    This  act  shall  be  in  force  from  its  passage 


Powers  of 
mayor 


Of  sergeant 


Quantity  of 
land 


Purposes 


Commencement 


Chap.  89. — An  ACT  to   authorize  tlie  Common  Council  of  Danville   to 

acquire  Lands  in  the  County  of  Pittsylvania,  for  certain  public  uses. 

Passed  February  17,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  common  coun- 
cil of  the  town  of  Danville  be  and  they  are  hereby  authorized  to  pur- 
chase and  hold  such  quantity  of  land  in  the  count}7  of  Pittsylvania, 
not  exceeding  seventy-five  acres,  as  may  be  necessary  for  the  use, 
convenience  and  comfort  of  the  people  of  said  town,  as  a  public 
cemetery,  a  public  park  and  poor  house.  Any  land  so  acquired  and 
bona  fide  used  for  such  purposes,  shall  be  subject  to  the  jurisdiction 
of  said  common  council  and  the  court  of  hustings  of  said  town,  in 
like  manner  as  if  the  same  were  within  the  corporate  limits  of  said 
town. 

2.  This  act  shall  be  in  force  from  its  passage. 


Aet  amended 


Preamble 


Chap.  90. — An  ACT  to  amend  and  re  enact  the  Charter  of  the  Union 

Female  College. 

Passed  February  13,  1864. 

Be  it  enacted  by  the  general  assembly,  that  the  act  passed  tweuty- 
second  of  December  eighteen  hundred  and  fifty-nine,  entitled  an  act 
to  incorporate  the  Union  female  college,  be  amended  and  re-enacted 
so  as  to  read  as  follows  : 

Whereas  it  is  represented  to  the  general  assembly  of  Virginia,  that 
sundry  citizens  of  Danville  and  the  vicinity  have  united  and  contribu- 
ted a  considerable  sum  of  money,  in  shares  of  fifty  dollars,  for  the  pur- 
pose of  establishing  in  the  said  town  of  Danville,  Virginia,  an  insti- 
tution of  learning,  as  a  joint  stock  institution,  to  be  called  the  Roan- 
oke female  college :  And  whereas  the  said  contributors  desire,  as  the 
best  means  of  carrying  out  their  purpose,  that  J.  J.  Crews,  J.  W. 
Pace,  William  Wilson.  J.  R.  Lipscomb,  William  Robinson,  T.  D. 
Neal,  P.  W.  Ferrell,  T.  H.  Stumps,  C  C  Chapline,  J.  W.  McCraw. 


UNION  FEMALE  COLLEGE.  69 

J.  T.  Averett,  W.  A.  Tyrer,  W.  P.  Graves,  W.  S.  Penick,  Jere 
White,  James  B.  Miller  and  John  A.  McCown,  he  appointed  trustees 
of  said  institution,  and  as  such  incorporated  and  constituted  a  body 
politic  and  corporate  :  Therefore, 

l.'Be  it  enacted  by  the  general  assembly,  that  the  said  J.  J.  College mcorpo- 
Crews,  J.  W.  Pace,  William  Wilson,  J.  R.  Lipscomb,  William  Ro-  ra,ed 
binson,  T.  D.  Neal,  P.  W.  Ferrell,  T.  H.  Stumps,  C.  C.  Chaplirie, 
J.  W.  McCraw,  J.  T.  Averett,  W.  A.  Tyrer,  W.  P.  Graves,  W.  S. 
Penick,  Jere  White,  James  B.  Miller,  John  A.  McCraw,  and  their 
successors  in  office,  be  and  they  are  hereby  constituted  a  body  politic 
and  corporate,  under  the  name  and  style  of  The  Trustees  of  the 
Roanoke  Female  College ;  and  by  that  name  shall  have  perpetual  suc- 
cession and  a  common  seal,  and  may  sue  and  be  sued,  implead  and 
be  impleaded  in  any  court  of  law  «r  equity,  with  power  to  purchase, 
receive  and  hold,  to  them  and  their  successors  forever,  any  lands, 
tenements,  money,  goods  or  chattels  which  shall  be  purchased  by,  or 
devised  or  given  to  them,  or  contributed  and  paid  to  them  for  the  use 
of  said  institution,  and  to  lease,  rent,  sell  or  otherwise  dispose  of  the 
same,  in  such  manner  as  shall  be  most  conducive  to  the  interest  and 
advantage  of  said  institution :  provided,  that  the  property  acquired 
by  the  said  trustees,  for  the  use  of  the  said  institution,  shall  not 
exceed  in  value,  at  any  one  time,  the  sum  of  fifty  thousand  dollars. 

2.  It  shall  be  the  duty  of  the  said  trustees  and  their  successors  to  Duty  of  trustees 
call  a  general  meeting  of  the  stockholders  of  said  college,  at  some 
convenient  period,  biennially  or  oftener,  when  a  majority  of  the  board 

of  trustees  for  the.  time  being,  or  at  least  twelve  of  the  said  stock- 
holders, not  members  of  the  board  of  trustees,  shall  deem  such 
general  meeting  necessary,  and  shall  request  the  same  to  be  called. 
At  such  general  meetings  of  the  stockholders  a  majority  of  the  stock 
of  said  college  shall  be  necessary  to  constitute  a  quorum  for  the 
transaction  of  business ;  and  any  person  holding  shares  of  said  stock 
may  vote  in  such  general  meetings,  either  in  person  or  by  proxy, 
made  in  writing,  according  to  such  regulations  as  shall  be  prescribed 
in  relation  thereto  by  the  board  of  trustees.  The  said  general  meet-  * 
ing  shall  have  power  to  revise,  alter  and  modify  the  rules,  regulations 
and  by-laws  prescribed  by  the  board  of  trustees  for  the  government 
of  said  college,  and  to  control  and  correct,  through  the  board  of  trus- 
tees, the  acquisition  and  disposition  of  all  property  held  for  the  use 
of  said  college,  as  well  as  the  general  economy  and  management  of 
said  college.  They  shall  also  have  power  to  elect  a  new  board  of 
trustees,  to  succeed  those  herein  appointed,  whose  terms  of  office 
expire  on  the  first  day  of  September  eighteen  hundred  and  sixty-one, 
and  to  elect  in  like  manner  succeeding  boards  of  trustees  for  said 
college  biennially  thereafter,  and  to  add  to  the  number  of  said  trus- 
tees, so  that  the  same  shall  not  exceed  twenty.  But  any  number  of 
the  present  and  succeeding  boards  of  trustees  shall  be  eligible. 

3.  The  said  Roanoke  female  college  shall  be  under  the  immediate  Powers  of  tms- 
control  and  management  of  the  said  board  of  trustees  and  their  sue-  tees 
cessors,  subject  to  the  revisory  control  of  the  stockholders  in  a  gene- 
ral meeting,  as  herein  above   expressed.     The  said  trustees   shall 

remain  in  office  until  the  first  day  of  September  eighteen  hundred 
and  sixty-one,  and  until  their  successors  are  elected  at  a  general 
meeting  of  the  said  stockholders.  They  shall  appoint  a  treasurer 
and  all  necessary  officers  and  professors  of  said  college,  and  make 
such  rules,  regulations  and  by-laws  for  the  government  of  the  institu- 
tion as  to  them  may  seem  fit,  not  inconsistent  with  the  laws  of  this  state 
or  the  Confederate  States.  Seven  of  the  said  trustees  shall  constitute 
a  quorum  for  the  transaction  of  business ;  and  any  vacancy  in  said 
board  of  trustees,  occasioned  by  death,  resignation  or  otherwise, 
shall  be  filled  by  appointment  of  the  surviving  trustees,  until  the 
vacancy  is  filled,  or  a  new  election  held  by  a  general  meeting  of  the 
stockholders;  and  they  may  remove  any  member  of  their  board, 
two-thirds  of  the  whole  number  being  present  and  concurring.. 


70 


MAYO  S    BRIDGE. 


Capita 
raised 


Duty  of  trea-         4.   The  treasurer  shall  receive  all  moneys  accruing;  to  the  college, 
Bum"  and  property  delivered  to  his  care,  and  shall  pay  or  deliver  the  same 

to  the  order  of  the  board  of  trustees.  Before  entering  upon  the  dis- 
charge of  his  duties,  he  shall  give  bond  with  such  security,  and  in 
such  penalty  as  the  board  may  direct,  made  payable  to  the  trustees 
for  the  time  being,  and  their  successors,  and  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office,  under  such  rules  and  regu- 
lations as  the  board  may  adopt ;  and  for  any  delinquency  on  the  part 
of  said  treasurer  and  his  securities,  his  or  their  executors  or  adminis- 
trators, the  said  board  of  trustees  may  recover  judgment,  by  motion 
on  ten  days'  notice,  in  any  court  of  record  in  the  commonwealth. 

5.  The  board  of  trustees  are.  hereby  authorized  to  raise,  by  joint 
stock  subscription,  a  sum  not  less  than  three  thousand  dollars  nor 
more  than  fifty  thousand  dollars,  to  be  divided  into  shares  of  fifty  dol- 
lars each,  and  shall  from  time  to  time  declare  such  dividend  on  the 
same  as  the  net  profits  of  the  institution  may  justify ;  and  shall  also 
have  power  to  collect  the  subscription  to  said  stock  in  the  manner 
now  provided  by  law  for  collection  of  subscription  to  joint  stock  com- 
panies. No  person  shall  sell  or  transfer  his  stock  in  said  college  to 
any  person  not  already  a  stockholder,  without  first  offering  the  same 
to  the  stockholders,  through  the  board  of  trustees;  and  all  undivided 
stock  in  said  college  shall  be  deemed  personal  estate,  and  as  such 
shall  pass  to  purchasers,  executors  and  administrators. 

6.  The  stockholders  of  said  college  shall  not  be  liable  pecuniarily 
for  any  debt,  contract  or  agreement  made  and  entered  into  by^the 
said  trustees  or  stockholders,  other  than  the  property  they  have  in 
the  capital  stock  thereof,  to  the  amount  of  their  respective  share  or 
shares. 

7.  The  board  of  trustees,  in  connection  with  the  president  aud 
professors  of  the  college,  shall  have  power  to  confer  such  diplomas 
and  literary  titles  as  they  may  think  best  calculated  to  promote  the 
cause  of  female  education. 

Commencement       8.   This  act  shall  be  in  force  from  its  passage. 


Stockholi 
not  liable 


Diplomas 


Act  amended 


of  toll 


Commencement 


Chap.  91 . — An  ACT  to  amend  an  act  entitled  an  act  to  regulate  the  Tolls 

for  passing  Mayo's  Bridge,  passed  March  12th,  1835. 

Passed  February  20, 1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
the  act  entitled  an  act  to  regulate  the  tolls  for  passing  Mayo's  bridge 
at  Kichmond,  passed  March  the  twelfth,  eighteen  hundred  and  thirty- 
five,  be  amended  and  re-enacted,  so  as  to  read  as  follows : 

"  §  1.  That  hereafter,  instead  of  the  tolls  now  allowed  by  law  to 
be  charged  and  received  for  the  passage  of  persons  and  things  over 
the  bridge  called  and  known  as  Mayo's  bridge,  across  James  river, 
at  the  city  of  Richmond,  the  property  of  Edward  Mayo  and  others,  it 
shall  be  lawful  to  demand  and  receive,  for  passing  the  same,  the  follow- 
ing increased  tolls  and  rates  of  toll,  and  no  more :  For  a  person  on 
foot,  one  cent ;  for  every  horse,  mule,  ass,  ox  or  other  cattle,  ten  cents ; 
for  every  score  of  sheep  or  hogs,  twenty-five  cents ;  for  every  vehicle 
with  one  horse,  twenty-five  cents;  for  every  vehicle  with  two  horses, 
thirty-five  cents;  for  every  vehicle  with  three  horses,  fifty  cents;  for 
every  vehicle  with  four  horses,  sixty  cents." 

2.  Be  it  further  enacted,  that  the  same  penalties  imposed  bjr  the 
third  section  of  an  act  entitled  an  act  to  regulate  the  tolls  for  pass- 
ing Mayo's  bridge,  passed  March  the  twelfth,  eighteen  hundred  and 
thirty-five,  upon  such  persons  as  evade  the  law  by  taking  two  or 
more  horses  out  of  a  four-horse  wagon,  shall  be  and  are  hereby  im- 
posed upon  auj'  person  who  shall  take  one  horse  out  of  a  three-horse 
wagon,  and  pass  over  the  bridge  with  two  horses. 

3.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue 


WILLIS'    RIVER.  71 

in  force  until  the  expiration  of  twelve  months  after  the  ratification  of 
a  treaty  of  peace  between  the  Confederate  States  and  the  United 
States,  and  shall  be  subject  to  amendment,  modification  or  repeal,  at 
the  pleasure  of  the  general  assembly. 


Chap.  92. — An  ACT  amending1  and  re-enacting1  sections  2d  and  7th  of  a;; 
act  for  improving-  the  Navigation  of  Willis'  River,  passed  January  28th, 
1817. 

Passed  March  4,  1864. 

1.   Be  it  enacted  by  the  general  assembly,  that  sections  second  Act  amended 
and  seventh  of  an  act  entitled  an  act  for  improving  the  navigation  of 
Willis'  river,  passed  the  twenty-eighth  January  eighteen  hundred 
and  seventeen,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  2.    The  said  trustees  and  their  successors  shall  be  and  they  are  Powers  r,r  tmg- 
hereby  declared  to  be  incorporated,  by  the  name  and  title  of  The  tee* 
Trustees  of  Willis'  River;  and  may  sue  and  be  sued  as  such.     The 
said  trustees,  or  a  majority  of  them,  may  from  time  to  time  appoint 
any  five  of  their  own  body  to  superintend  the  clearing  of  the  said 
river;  a  majority  of  which  five  shall  have  full  power  to  do  all  things 
necessary  for  the  purpose  of  carrying  this  act  into  effect;  and  the 
said  five  trustees  so  appointed  as  aforesaid  shall,  at  the  expiration  of 
the  term  during  which  they  may  be  so  authorized  to  act,  well  and 
truly  report  to  the  said  board  of  trustees  all  things  which  may  by 
them,  or  a  majority  of  them,  be  ordered  or  done  by  virtue  of  this  act 
and  of  their  said  appointment.     The  said  trustees  shall  remain  in  Term  of  aerriee 
office  for  the  term  of  two  years  only  from  the  time  the  subscription 
hereafter  mentioned  shall  be  completed;  and  that  an  election  of  trus- 
tees shall  be  held  once  in  every  two  years  by  the  subscribers  holding 
a  majority  of  shares,  each  subscriber  giving  one  vote  for  every  share 
he  possesses,  in  voting  either  in  person  or  by  proxy :  provided  always,  Proviso 
that  until  an  election  shall  be  made  from  time  to  time  by  those  hold- 
ing said  shares,  or  a  majority  thereof,  the  former  trustees  shall  con- 
tinue to  act,  although  the  two  years  for  which  they  were  elected  may 
have  expired;  and  in  case  of  the  death,  removal  to  the  distance  of  Vacancies,  b*w 
twenty  miles  from  the  said  river,  resignation  or  incapacity  of  thee  said  filled 
trustees,  it  shall  be  lawful  for  the  remaining  trustees,  or  a  majority 
of  the  whole  number  of  them,  to  appoint  other  trustees  to  fill  such 
vacancies;  which  trustees  so  appointed  shall  continue  to  act  until  the 
next  general  election :  and  provided  further,  that  in  the  biennial  elec- 
tion of  trustees  herein  before  required,  only  nine  trustees  shall  here- 
after be  elected;   and  no  vacancy  in  the  office  of  trustee  shall  here- 
after be  filled  so  long  as  there  remain  nine  trustees  qualified  to  act." 

"§  7.  That  after  the  said  river  shall  be  made  navigable  for  the  When  rirer  a 
passage  of  boats,  agreeably  to  the  provisions  of  this  act,  the  same  PubIlc  Mfiway 
shall  be  deemed  and  taken  to  be  a  public  highway ;  and  for  and  in 
consideration  #f  the  expense  the  subscribers  will  be  at,  not  only  in 
cutting  canals,  erecting  locks  and  other  labor,  for  opening  and  ex- 
tending the  navigation  of  the  said  river,  but  in  maintaining  and  keep- 
ing the  same  in  repair,  it  shall  and  may  be  lawful  for  the  said  trus- 
tees and  their  successors,  at  all  times  after  the  said  river  shall  be 
made  navigable,  agreeably  to  this  act,  to  demand  and  receive  at  such 
place  or  places  upon  the  said  river,  and  at  such  place  or  places  on 
James  river,  and  on  the  James  river  and  Kanawha  canal,  as  they 
may  think  most  convenient,  for  all  commodities  transported  up  or 
down  the  same,  tolls  according  to  the  following  rates  :  On  every  pipe  Rates  ot  tou 
or  hogshead  of  wine,  containing  more  than  sixty-five  gallons,  sixty- 
five  cents;  on  eveiy  hogshead  of  rum  or  other  spirits,  fifty  cents ;  on 
every  hogshead  of  tobacco,  forty-two  cents ;  on  every  cask  between 
sixty-five  and  thirty-five  gallons,  half  a  pipe  or  hogshead ;  barrels, 
one-fourth  part ;  and  smaller  casks  or  kegs  in  proportion,  according 


72 


PRESERVATION   OF  RECORDS. 


Duly  of  tollec- 


Commeneemen) 


to  the  quality  and  quantity  of  their  contents  of  wine  or  spirits ;  for 
casks  of  linseed  oil,  the  same  as  spirits ;  on  every  bushel  of  wheat, 
peas,  beans  or  flax  seed,  two  cents ;  on  every  bushel  of  Indian  corn 
or  other  grain,  or  salt,  one  and  a  half  cent ;  on  every  barrel  of  pork, 
twenty-one  cents ;  on  every  barrel  of  beef,  fifteen  cents;  on  every 
barrel  of  flour,  ten  cents ;  on  every  ton  of  hemp,  flax,  potash,  bar  or 
manufactured  iron,  one  hundred  and  five  cents;  on  every  ton  of  pig 
iron  or  castings,  thirty-five  cents ;  on  every  ton  of  copper,  lead  or 
other  ore,  other  than  iron  ore,  eighty-three  cents ;  on  every  ton  of 
stone  or  iron  ore,  seventeen  cents ;  on  every  hundred  bushels  of  lime, 
eighty  cents;  on  every  chaldron  of  coal,  seventeen  cents;  on  every 
hundred  pipe  staves,  eight  cents;  on  every  hundred  hogshead  staves 
or  pipe  or  hogshead  heading,  five  cents ;  on  every  hundred  barrel 
staves  or  barrel  heading,  four  cents ;  on  every  hundred  cubic  feet  of 
plank  or  scantling,  thirty-five  cents ;  on  every  hundred  cubic  feet  of 
other  timber,  twenty  cents ;  on  every  ton  of  hay  or  fodder  (of  two 
thousand  pounds),  eighty-three  cents;  on  every  bushel  of  potatoes, 
two  cents ;  on  every  cord  of  wood,  twenty-five  cents ;  on  every  ton 
(of  two  thousand  pounds)  of  guano  or  other  manures,  eighty-three 
cents ;  on  every  gross  hundred  weight  of  all  other  commodities  or 
packages,  five  cents ;  on  every  boat  or  vessel  which  has  not  commo- 
dities on  board  to  yield  so  much  (provided  that  an  empty  boat  or  ves- 
sel returning,  whose  load  has  already  paid  at  the  respective  places, 
the  sums  fixed  at  each,  shall  repass  toll  free),  one  hundred  cents. 
One-half  toll  to  be  charged  on  all  articles  above  enumerated,  from 
Waltoil's  mill  or  from  any  point  below.  And  in  case  any  person 
shall  refuse  or  neglect  to  pay  the  tolls  at  the  time  of  offering  to  pass 
the  place  appointed  for  the  payment  thereof,  and  previous  to  the  ves- 
sel's passing  the  same,  the  collector  of  the  said  tolls  may  lawfully 
refuse  passage  to  such  vessel ;  and  if  any  vessel  shall  pass  without 
paying  toll,  then  the  said  collector  may  seize  such  vessel  wherever 
found,  and  sell  the  same  at  auction  for  ready  money :  which  so  far  as 
is  necessary,  shall  be  applied  towards  paying  the  said  tolls  and  all 
expenses  of  seizure  and  sale ;  and  the  balance,  if  any,  shall  be  paid 
to  the  owner ;  and  the  person  owning  or  having  the  direction  of  such 
vessel  shall  be  liable  for  such  toll,  if  the  same  is  not  paid  by  the  sale 
of  such  vessel." 
2.    This  act  shall  be  in  force  from  its  passage. 


Preamble 


Reeords  of  War- 
wick  and  Eliza- 
beth City 


Cotnpeasation 


Chap.  93. — An  ACT  to  provide  for  the  Preservation  of  the  Records  of  the 
Counties  of  Warwick,  Elizabeth  City  and  James  City,  and  of  the  City 
of  Williamsburg. 

Passed  February  4,  1864. 

Whereas  it  has  been  represented  to  the  general  assembly,  that  the 
clerk  of  the  county  and  circuit  courts  of  the  county  of  Warwick  is 
now  in  the  army  of  the  Confederate  States,  and  the  clerk  of  the 
county  and  circuit  courts  of  Elizabeth  City  county  is  within  the  lines 
of  the  public  enemy,  and  that  the  records  of  said  counties  are  now 
in  the  city  of  Richmond,  and  are  in  a  confused  state,  and  not  under 
the  care  of  any  one : 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the  duty 
of  the  commonwealth's  attorney  for  said  county  of  Warwick,  with 
his  consent,  to  take  said  records  in  charge,  and  to  arrange  them  in 
such  manner  that  said  records-  may  be  duly  preserved  and  readily 
referred  to  by  the  citizens  of  said  counties,  and  that  he  deposit  them 
in  some  safe  and  convenient  place. 

2.  Be  it  further  enacted,  that  the  said  attorney  shall  for  his  ser- 
vices receive  such  compensation  out  of  the  public  treasury  as  to  the 
auditor  of  public  accounts  may  seem  fit  and  reasonable,  and  shall 
also  be  paid  in  like  manner  any  necessary  expenses  incurred  in  pro- 


BANK  OP   PETERSBURG. LAWFUL   FENCE. — SAVINGS   BANK.  73 

viding  suitable  boxes  for  the  storing  and  preservation  of  said  records 
and  papers.  But  the  amount  so  paid  shall  be  refunded  to  the  public 
treasury  by  the  said  counties,  in  equal  proportions. 

3.  Be  it  further  enacted,  that  the  clerk  of  the  circuit  court  for  the  James  city  and 
county  of  James  City  and  city  of  Williamsburg,  having  now  in  his  Williamsburg 
charge  the  records  and  papers  of  his  said  court,  which  have  been 

removed  to  the  city  of  Richmond  for  the  safe-keeping  thereof,  shall, 
for  services  rendered  by  him  in  the  arrangement  and  preservation  of 
the  same,  be  compensated  in  the  same  manner  provided  in  the  pre- 
ceding section,  and  shall  also  be  repaid  any  necessary  expenses  in- 
curred in  providing  suitable  boxes  for  the  safe-keeping  of  said  records 
and  papers ;  Which  amounts  so  paid  shall  be  refunded  to  the  public 
treasury  by  the  county  and  city  aforesaid,  in  equal  proportions. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  94. — An  ACT  increasing  the  Capital  Stock  of  the  Bank  of  the  City 
of  Petersburg. 

Passed  February  27,  1864 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Act  amended 
first  section  of  the  act  entitled  an  act  incorporating  The  Bank  of  the 

City  of  Petersburg,  passed  March  twenty-ninth,  eighteen  hundred 
and  sixty,  be  and  the  same  is  hereby  amended  and  re-enacted  so  as 
to  read  as  follows : 

"  §  1.   That  it  shall  be  lawful  to  organize  and  establish  in  the  city  Capital  in- 
of  Petersburg  a  bank,  authorized  to  carry  on  business  as  a  bank  of crea8ed 
circulation,  deposit  and  discount,  the  capital  stock  of  which  shall  not 
be  less  than  one  hundred  and  fifty  thousand  dollars  nor  more  than 
two  millions  of  dollars,  to  be  raised  by  subscription,  in  shares  of  one 
hundred  dollars  each." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  95. — An  ACT  to  make  Clinch  River  a  Lawful  Fence  through  the 

County  of  Scott. 

Passed  March  4, 1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  Clinch  river  is  Clinch  river 
hereby  declared  a  lawful  fence,  so  far  as  it  runs  through  the  county  lawful  fence 
of  Scott. 

2.  This  act  shall  be  in  force  from  its  passage,  and  continue  in  force  Commencement 
until  six  months  after  the  close  of  the  present  war. 


* 
Chap.  96. — An  ACT  to  authorize  the  Charlottesville  Savings  Bank  to  reduce 
the  Number  of  its  Directors. 
Passed  December  19,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  it  shall  Number  of  ai- 
be  lawful  for  the  stockholders  of  the  Charlottesville  savings  bank,  ^^'  how  re" 
by  vote  in  annual  meeting,  to  reduce  the  number  of  directors  in  the 

same  to  five  or  three,  as  they  may  prefer :  and  such  directors  shall 
exercise  the  same  powers,  perform  the  same  duties,  and  be  subject  to 
the  same  obligations  in  all  respects  as  now  pertain  to  the  present 
directors. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


74 


PRIVILEGES,  ETC. 


Auditor  to  issue 
warrant 


Chap.  97. — An  ACT  refunding  to  Peter  Engleman  part  of  a  License  Tax 

paid  by  him,. 

Passed  March  9,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  authorized  and  required  to  issue  his 
warrant  on  the  treasury,  payable  out  of  any  money  therein  not  other- 
wise appropriated,  in  favor  of  Peter  Engleman,  or  his  legal  repre- 

Amoant  sentatives,  for  the  sum  of  sixty-six  dollars  and  sixty-six  cents,  being 

a  portion  of  the  tax  paid  by  him  for  a  license  to  operate  a  distillery 
in  the  county  of  Augusta,  for  the  year  eighteen  hundred  and  sixty- 
two,  and  which  said  license  was  revoked  by  act  of  the  general  assem- 
bly, passed  seventeenth  March  eighteen  hundred  and  sixty-two. 

Oommeacement      2.    This  act  shall  be  in  force  from  its  passage. 


Auditor  to  issue 
warrant 


Chap.  98. — An  ACT  authorizing  the  payment  of  a  sum  of  money  to  Wil- 
liam J.  Morgan,  for  a  Slave  condemned  to  be  hung. 
Passed  March  9,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  authorized  and  required  to  issue  his 
warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  William  J.  Morgan  of  the  county 

Amount  of  Fauquier,  or  his  legal  representatives,  for  the  sum  of  one  thousand 

three  hundred  and  twenty-five  dollars,  being  the  amount  fixed  by  the 
county  court  of  Smyth  county  as  the  value  of  a  slave  named  Beverly, 
the  property  of  said  Morgan  ;  which  said  slave  was  condemned  to  be 
hung  by  said  county  court,  at  its  March  term  eighteen  hundred  and 
sixty-three,  and  committed  suicide  by  hanging  prior  to  the  day  fixed 
for  his  execution. 

Oommeacement       2.    This  act  shall  be  in  force  from  its  passage. 


Securities  re 
l«ased 


Chap.  99. — An  ACT  for  the  relief  of  the  Securities  of  E.  P.  Baker,  late 

Sheriff  of  Grayson  County. 

Passed  February  22,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  securities  of  R. 
P.  Baker,  late  sheriff  of  Graj^san  county,  are  hereby  released  from 
the  payment  of  damages,  and  the  excess  of  interest  over  six  per  cen- 
tum, on  judgments  in  favor  of  the  commonwealth  against  them  as 
such  securities,  rendered  by  the  circuit  court  of  the  city  of  Bich- 
mond.  But  the  said  securities  shall  not  have  the  benefit  of  this  act, 
unless  within  ninety  days  from  the  passage  hereof  they  pay  into  the 
treasury  all  that  remains  of  the  principal  unpaid,  interest,  costs  and 
k.  p.  Baker  not  actual  expenses  of  collection :  provided,  that  this  act  shall  not  be 
released  construed  as  releasing  said  B.  P.  Baker,  late  sheriff  of  Grayson 

county,  from  the  payment  of  any  damages  adjudged  against  him. 
Commencement       2.   This  act  shall  be  in  force  from  its  passage. 


CHAP.  100. — An  ACT  releasing  E.  F.  and  D.  G.  Bibb  from  liability  under  a 
Contract  for  the  Hire  of  Negro  Convicts. 
Passed  February  18,  1864.    . 

Preamble  Whereas  a  contract  was  entered  into  on  the  thirty-first  day  of  De- 

cember eighteen  hundred  and  sixty,  between  the  governor  of  this 
commonwealth  and  Bobert  F.  and  D.  G.  Bibb,  for  the  hire,  for  the 
term  of  twelve  months,  of  a  large  number  of  negro  convicts,  who  had 
been  condemned  to  sale  and  transportation,  and  their  punishment 
commuted  to  labor  on  the  public  works  :  And  whereas  it  appears  that 
these  convicts  were  hired  for  the  purpose  of  executing  a  contract  with 


PRIVILEGES,  ETC.  7-5 

the  board  of  public  works  for  constructing  three  sections  of  the 
Covington  and  Ohio  rail  road :  And  whereas,  in  consequence  of  the 
secession  of  the  state,  and  the  war  consequent  thereon,  the  board  of 
public  works  made  an  order  to  stay  any  further  execution  of  the  said 
contract  in  the  construction  of  said  road  :  And  whereas  an  order  was 
also  made  by  the  governor  requiring  the  parties  hiring  said  convicts 
to  redeliver  them  to  the  keeper  of  the  penitentiary;  which  was 
accordingly  done  about  the  twenty-eighth  day  of  Slay  eighteen  hun- 
dred and  sixty-one,  whereby  much  loss  and  damage  was  sustained  by 
said  R.  F.  ana  D.  G.  Bibb  ;  and  it  appearing  to  the  general  assembly 
just  and  proper  to  release  the  said  parties  from  the  payment  of  the 
amount  stipulated  to  be  paid  for  the  hire  of  said  convicts  :  Therefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  said  R.  F.  and  Parties  released 
D.  G.  Bibb  shall  be  and  they  are  hereby  released  from  all  liability, 

under  the  said  contract,  for  any  hires  stipulated  to  be  paid  by  them 
for  said  convicts ;  and  the  said  contract,  and  all  obligations  executed 
therefor,  shall  be  null  and  void  :  provided,  however,  that  the  release  Proviso 
hereby  granted  shall  be  upon  the  express  condition  that  all  claim  for 
damages  sustained  by  said  parties  by  the  abrogation  of  any  contract 
made  by  them  with  the  board  of  public  works  for  the  construction  of 
the  said  work,  or  by  the  order  of  the  governor  for  the  return  of  said 
convicts  to  the  penitentiary,  shall  be  abandoned  and  released  by  said 
parties. 

2.  This  act  shall  be  in  force  from  its  passage.  c»uicaeaeeci.??>». 


Chap.  101.— An  ACT  for  the  relief  of  William  E.  C.  Douglas,  late  Steward 

of  the  Eastern  Lunatic  Asylum.  , 

Passed  January  22,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Auditor  to  m%'n 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  draw  warraut 

his  warrant  upon  the  treasury,  payable  out  of  any  money  therein 
not  otherwise  appropriated,  in  favor  of  William  R.  C.  Douglas,  for  Amount 
the  sum  of  three  hundred  and  thirty-three  dollars  and  fifty  cents, 
that  being  the  amount  of  his  salary  as  the  late  steward  of  the  Eastern 
lunatic  asylum  from  the  first  day  of  January  eighteen  hundred  and 
sixty-three  to  the  thirteenth  of  May  following,  at  the  rate  of  nine 
hundred  dollars  per  annum. 

2.  This  act  shall  be  in  force  from  its  passage.  .  Comaoacemeat 


Chap.  102. — An  ACT  authorizing  the  payment  of  a  Sum  of  Money  to  Lee 
A.  Dunn  of  King  William  County,  for  Extra  Copies  of  his  Land  and 
Property  Books. 

Passed  January  21,  1864. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Auditor  to  ussua 
public  accounts  be  and  he  is  hereby  authorized  and  directed  to  issue  warrant 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  Lee  A.  Dunn  of  King  William 
county,  or  his  legal  representatives,  for  the  sum  of  one  hundred  dol-  Amount 
lars,  the  same  being  the  amount  paid  by  said  Dunn  to  William  D. 
Pollard,  for  making  out  two  extra  copies  of  the  property  book  and 
two  extra  copies  of  the  land  book  for  the  year  eighteen  hundred  and 
sixty-three,  for  the  said  county  of  King  William. 

2.  This  act  shall  be  in  force  from  its  passage.  Coouneaceinea1; 


76  PRIVILEGES,  ETC. 

Chap.  103.— An  ACT  for  the  relief  of  A.  G.  Ingraham. 

Passed  March  1,  18fi4. 

Auditor  to  issue       1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
warrant  ]jc  accounts  be  and  he  is  hereby  authorized  and  required  to  issue,  his 
warrant  on  the  treasury  of  the  commonwealth,  payable  out  of  any 
money  therein  not  otherwise  appropriated,  in  favor  of  A.  G.  Ingra- 
Amount  ham,  for  the  sum  of  three  hundred  and  twenty-six  dollars  and  eighty- 
eight  cents,  being  the  amount  of  damages  erroneously  awarded  against 
him,  in  addition  to  principal,  interest  and  costs  on  two  judgments  re- 
covered against  him  in  favor  of  the  commonwealth. 
Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  104. — An  ACT  releasing  William  B.  Ball  from  the  payment  of  a  cer- 
tain sum  of  money. 
Passed  March  1,  1864. 

Claim  released  1.  Be  it  enacted  by  the  general  assembly,  that  the  claim  of  the 
commonwealth  against  William  B.  Ball  for  one  hundred  and  twenty- 
two  dollars  and  fifty  cents,  as  of  the  twenty- seventh  of  May  eighteen 
hundred  and  sixty-one,  for  forty-nine  pair  of  shoes  furnished  by  R. 
M.  Nimmo,  agent,  for  a  cavalrjr  company  commanded  by  said  Ball, 
be  and  the  same  is  hereby  released ;  and  the  same  shall  be  allowed 
as  an  offset  in  favor  of  the  said  Nimmo  against  the  debt  asserted  in 
the  suit  of  the  commonwealth  against  him  in  the  circuit  court  of  the 
city  of  Richmond. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  105.— An  ACT  for  the  relief  of  John  C.  Heiskell,  Sheriff  of  Hamp- 
shire County.  ^ 
Passed  March  4,  1864. 

Damages  re-  1.    Be  it  enacted  by  the  general  assembly,  that  John  C.  Heiskell, 

3eaSRd  sheriff  of  Hampshire  county,  be  and  he  is  hereby  released  from  the 

payment  of  the  damages  and  interest  on  a  judgment  obtained  against 
him  for  failure  to  pay  the  license  tax  due  May  eighteen  hundred  and 
sixty-one,  said  Heiskell  having  paid  into  the  treasury  the  amount  of 
the  principal  of  said  judgment. 
Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  106.— An  ACT  for  the  relief  of  William  E.  Prince  of  Sussex  County. 
Passed  January  23,  1864. 

Auditor  to  issue      1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 

warrant  ]je  accounts  be  authorized  to  issue  his  warrant  on  the  treasury,  pay- 

able out  of  any  money  therein  not  otherwise  appropriated,  in  favor  of 

Amount  •  William  E.  Prince  of  Sussex  county,  or  his  legal  representatives,  for 
the  sum  of  two  hundred  and  eighty-five  dollars,  the  same  having  been 
paid  by  said  Prince  into  the  treasury,  in  pursuance  of  an  order  en- 
tered by  the  judge  of  the  circuit  court  of  Sussex  county,  under  a 
misapprehension  of  the  law,  for  the  purchase  of  a  free  negro  named 
Billy  Barlow,  allowed  to  enslave  himself  by  order  of  the  said  circuit 
court  of  Sussex  county  at  the  October  term  of  said  court  in  eighteen 
hundred  and  sixty-three. 

Commencement      2.   This  act-  shall  be  in  force  from  its  passage. 


PRIVILEGES,  ETC.  77 

Chap.  107. — An  ACT  for  the  relief  of  Thomas  M.  Huridiey,  Commissioner 

of  the  Revenue,  for  the  County  of  Matthews. 

Passed  March  10,  1864. 

1     Be  it  enacted  bjr  the  general  assembly,  that  the  auditor  of  pub-  Auditor  to  i«sue 
lie  accounts  be  and  he  is  hereby  authorized  and  required  to  is§iie  his  warranf' 
warrant  upon  the  treasury  in  favor  of  Thomas  M.  Hundley  of  the 
county  of  Matthews,  for  such  sum  as  may  be  the  value  of  his  ser- 
vices in  making  out  his  property  book  and  records  of  births  and 
deaths  for  said  county  for  the  year  eighteen  hundred  and  sixty-three, 
not  exceeding  the  sum  of  two  hundred  and  twenty  dollars ;  which 
property  book  and  records  were  not  returned,  because  it  is  alleged 
they  fell  into  the  hands  of  the  public  enemy ;  but  such  payment  shall  Proof  to  i>e  fur- 
not  be  made  until  the  said  Thomas  M.  Hundley  shall  furnish  to  said  lllsheii 
auditor  satisfactory  proof  that  the  said  property  book  and  records  of 
births  and  deaths  for  the  county  of  Matthews  were  completed,  and 
not  returned  in  consequence  of  their  hefting  fallen  into  the  hands  of 
the  public  enemy. 

2.    This  act  shall  be  in  force  from  its  passage.  Commencem,-;^ 


Chap.  108. — An  ACT  for  the  relief  of  the  Personal  Representatives  of  A.  B. 

Urquhart,  Joseph  E.  Gillett  and  Madison  J.  Davis. 

Passed  February  20,  1864. 

Whereas  it  is  represented  that  A.  B.  Urquhart,  Joseph  E.  Gillett  Preamble 
and  Madison  J.  Davis  of  the  county  of  Southampton,  have  died  in- 
testate, leaving  respectively  large  landed  estates,  together  with  a 
number  of  slaves,  to  which  the  children  of  said  decedents  (all  or 
most  of  whom  are  minors)  are  entitled :  And  whereas,  in  the  pre- 
sent state  of  the  country,  it  is  alleged  that  to  hire,  sell  or  divide  said 
slaves  would  probably  cause  them  to  escape  to  the  enemy : 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Powers  of  court 
for  the  county  court  of  said  county  of  Southampton,  if  it  be  clearly 

shown  that  the  interest  of  those  interested  in  said  estates  will  be  pro- 
moted, and  that  the  rights  of  no  person  will  be  violated  thereby,  to 
authorize,  by  decree,  the  personal  representatives  of  said  estates  re- 
spectively, or  the  guardians  of  said  children,  to  retain  said  slaves  on 
said  plantations,  and  to  cultivate  the  same  for  the  benefit  of  said  heirs 
and  distributees  respectively,  precisely  in  all  respects  as  if  they  had 
been  empowered  so  to  do  by  will  duly  made  by  said  decedents,  sub- 
ject to  any  further  order  and  decree  of  said  court,  during  the  exis- 
tence of  the  present  war,  taking  bond  with  satisfactory  security  from 
the  parties  to  whom  the  management  of  said  estates  may  be  entrusted, 
in  such  penalty  as  the  court  may  deem  reasonable,  and  conditioned 
for  the  faithful  discharge  of  the  duties  required  of  them,  and  for  duly 
accounting  with  the  parties  interested. 

2.  The  proceedings  under  this  act,  in  order  to  obtain  such  decree,  Proceedings 
shall  in  all  respects  conform  mutatis  mutandis  to  the  requirements  of 

the  second,  third,  fourth,  fifth,  sixth  and  seventh  sections  of  chapter 
one  hundred  and  twenty-eight  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty).. 

3.  Nothing  in  this  act  shall  be  construed  so  as  to  prevent  any  of  Limitation 
said  heirs  or  distributees  now  of  age,  or  who  may  become  so,  or  the 
widow  of  either  of  said  decedents  from  proceeding  to  have  his  or  her 

share  of  said  estates  allowed  to  him  or  her,  precisely  as  if  this  act  had 
not  been  passed. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement 


78  PRIVILEGES,  ETC. 

Chap.  109. — An  ACT  authorizing  and  directing  the  payment  of  the  Dixie 

Boys. 
Passed  March  10, 1864. 

Aafjiting  board       1.    Be  it  enacted  by  the  general  assembly,  that  the  auditing  board 

to  settle  claim     foe  ana  they  are  hereby  authorized  and  directed  to  audit  and  settle, 

and  the  auditor  of  public  accounts  is  hereby  directed  to ,  pay  the 

claim  of  an  independent  company  of  scouts  and  rangers,  known  as 

the  Dixie  Boys ;  which  claim  the  auditing  board  refused  to  allow  on 

the  twenty-ninth  day  of  May  eighteen  hundred  and  sixty-three. 

Hf  striction  2.  The  said  auditing  board  shall  only  allow  so  much  of  said  claim  as 

is  for  pay  for  the  actual  time  each  member  of  the  said  company  was 

Auditor  to  issue  in  service ;  and  the  auditor  of  public  accounts  shall  issue  his  warrant 

warrant  upon  the  treasury,  payable  out  of  any  money  therein  not  otherwise 

appropriated,  for  the  said  amounts,  when  so  audited  and  settled. 
Commorcement      3.   This  act  shall  be  in  force  from  its  passage. 


Chap.  110. — An  ACT  releasing  the  Commonwealth's  Claim  to  certain  Land 

to  Matthew  Sylvia. 

Passed  February  8,  1864. 

o&im  released  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  title 
and  interest  of  the  commonwealth  to  and  in  a  certain  lot  in  the  city 
of  Petersburg,  owned  jointly  by  Matthew  Sylvia  and  by  Joseph 
Leonards  (alias  Leonard)  deceased,  be  and  the  same  is  hereby  re- 
leased to  said  Matthew  Sylvia :  provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  impair  or  affect  the  rights  of 
any  creditor,  heir  at  law  or  devisee  of  said  Joseph  Leonards  (alias 
Leonard),  but  the  same  shall  remain  as  if  this  act  had  not  passed. 

lYKuoenocmeiii      2.  This  act  shall  be  in  force  from  its  passage. 


RESOLUTIONS. 


No.  1. — Address  of  the  General  Assembly  to  the  Soldiers  of  Virginia. 
Adopted  March  9,  1864. 

Soldiers  of  Virginia  in  the  Armies  of  the  Confederate  States — It  Address  of  ge- 
is  now  nearly  three  years  since  you  left  your  homes  and  firesides,  at  to^oid^ereof17 
the  call  of  your  state,  to  repel  the  invasion  of  her  soil.     Before  Virginia 
taking  up  arms,  every  effort  to  obtain  the  peaceful  enjoyment  of  your 
rights  under  the  constitution  had  been  exhausted,  your  appeals  for 
justice  spurned  with  contempt,  and  a  war  to  subjugate  our  sister 
states  of  the  south  commenced  by  Abraham  Lincoln. 

By  this  lawless  proceeding,  the  federal  administration  threw  off 
the  mask  it  had  hitherto  worn.  In  such  a  contest  Virginia  could  not 
remain  an  indifferent  spectator.  Bound  by  every  tie  of  blood,  sym- 
pathy, common  interests  and  common  wrongs  to  the  states  against 
whom  this  hostile  preparation  was  set  on  foot,  she  withdrew  at  once 
from  an  association  which  no  longer  respected  a  written  constitution, 
and  resolved  to  receive  on  her  own  bosom  the  threatened  shock  of 
invasion.  She  invoked  you  to  rally  to  defend  your  homes,  your  altars 
and  your  honor;  and  this  appeal  was  not  made  in  vain.  Promptly 
and  generously  you  responded  to  the  call  of  duty.  Most  faithfully 
have  you  performed  it.  In  your  long  and  arduous  service  you  have 
shrunk  from  no  toil,  no  danger  and  no  sacrifice.  During  your  ab- 
sence in  the  field,  your  wives  and  little  ones  may  have  suffered  want; 
your  homes  been  ravaged,  and  the  fruits  of  industry  destroyed  by  a 
ruthless  and  barbarous  enemy.  But,  in  despite  of  every  temptation, 
you  have  never  looked  back.  Your  eye  has  always  been  fixed  on  the 
foe,  and  your  ear  waiting  for  the  summons  to  battle.  Amid  the  toil 
of  the  march,  the  weary  watch,  the  labor,  the  hunger,  the  cold,  the 
privations  of  the  camp,  you  have  never  complained,  but  have  always 
rendered  a  cheerful  obedience  to  the  state  which  honors  and  cherishes 
you  with  a  mother's  love. 

You  have  been  present  in  most  of  the  important  battles  of  the 
war,  and  in  all  your  valor  has  been  conspicuous.  It  has  made  you 
the  theme  of  praise  by  your  heroic  companions  from  other  states, 
and  by  the  whole  civilized  world. 

Many  of  your  comrades  have  fallen  in  battle,  or  from  disease  con- 
tracted in  service,  and  been  transferred  from  the  roll  of  life  to  that  of 
immortality.  There  are  many  more,  whose  mutilated  forms  attest 
their  honorable  devotion  to  their  country.  In  your  prolonged  absence 
from  home,  your  sacrifice  of  personal  interests  and.  of  all  the  enjoy- 
ments of  life,  has  indeed  been  great.  The  war,  forced  upon  us  by 
the  malice  of  a  people  whom  we  had  not  injured,  has  entailed  upon 
us  all  deep  sorrow  and  cruel  suffering.  Its  unavoidable  calamities 
have  been  greatly  augmented  by  the  refusal  of  the  enemy  to  respect 
the  laws  of  civilized  warfare,  and  by  their  fiendish  attempt  to  wrest 
submission  from  us,  by  visiting  the  most  relentleet  barbarities  upon 
women  and  children,  the  aged  and  the  helpless.  Unbridled  license 
has  been  given  to  their  cupidity.  Untold  millions  of  property  have 
been  wantonly  destroyed  by  their  malice,  or  swelled  the  coffers  of  the 
pampered  villains,  who,  unwhipt  of  justice,  have  been  openly  re- 
warded and  promoted  for  their  crimes.  Aged  and  unoffending  men 
have  been  dragged  from  their  beds  to  dreary  prisons  and  solitary 


RESOLUTIONS. 

labor.  Refined  and  virtuous  women  have  been  brutally  insulted, 
and,  manacled  by  rude  unfeeling  soldiery,  have  been  led  captive  from 
their  homes  as  hostages  for  negroes.  Farms  have  been  desolated ; 
dwellings  laid  in  ashes ;  unprotected  women  and  helpless  children 
have  been  turned  out  from  their  homes  without  bread  or  shelter. 
The  tombs  of  the  gallant  dead  have  been  robbed  and  desecrated  by 
fiends,  who  have  ruthlessly  invaded  the  sanctity  of  the  grave,  and  out- 
raged the  sensibilities  of  the  living. 

Under  the  hypocritical  guise  of  liberating  from  slavery  a  popula- 
tion happier  and  more  virtuous  than  themselves,  they  have  sought  to 
subject  us  to  a  j^oke  more  galling  than  they  have  essayed  to  remove. 

Within  a  few  days  past  an  expedition  has  been  projected  and  an 
abortive  effort  made  to  carry  into  execution,  with  minute  instructions 
emanating  (as  we  have  reason  to  believe)  from  the  government  at 
Washington,  to  sack  and  fire  the  city  of  Richmond,  and  in  the  dark- 
ness of  the  night  to  consign  its  inhabitants,  without  a  moment's 
warning,  to  flames  and  to  death.  For  this  purpose,  a  special  "burn- 
ing party"  was  organized,  provided  with  implements  of  destruction, 
and  orders  to  carry  into  execution  their  fell  designs.  Amid  its  blaz- 
ing ruins  the  released  prisoners  from  "Belle  Isle"  and  "the  Libby" 
were  to  unite  with  the  bands  of  Dahlgren  and  Kilpatrick  in  dealing 
out  death  and  slaughter  upon  unoffending  and  peaceful  citizens,  and 
inflicting-  outrages  upon  pure  and  unprotected  women,  more  horrible 
than  death. 

The  heart  sickens  at  the  contemplation  of  the  enormities  that 
would  have  been  committed,  had  this  nefarious  scheme  succeeded. 
No  prayer  for  mercy  would  have  been  heard ;  no  scream  for  help 
would  have  been  heeded.  Fire,  rapine,  slaughter  and  lust  would 
have  held  undisputed  dominion  in  this  fair  city. 

We  forbear  to  enlarge,  but  make  this  recital,  that  you  may  know 
more  clearly  the  character  of  our  foe,  and  that  he  may  be  held  up  to 
the  odium  and  execration  of  mankind. 

In  shameless  disregard  of  all  the  rules  of  civilized  warfare,  your 
chief  magistrate  and  his  cabinet  were,  by  special  directions,  to  be 
denied  the  rights  of  prisoners  of  war,  and  killed  in  cold  blood. 
Every  species  of  public  and  private  property  was  to  be  destroyed, 
and  the  entire  country  within  their  reach  laid  waste. 

Stimulated  and  encouraged  by  the  precepts  and  example  of  their 
leaders,  this  band  of  robbers  and  murderers  entered  private  houses ; 
broke  open  ladies'  wardrobes  ;  destroyed  of  their  rich  contents  what 
they  could  not  appropriate ;  carried  off  jewels  and  plate;  consigned 
to  the  flames  stores  of  provisions  ;  burnt  mills  and  other  houses  ;  de- 
solated some  of  the  fairest  homes  of  the  state,  and  left  whole  families 
without  food. 

Thanks  to  the  gallantry  of  a  citizen  soldiery,  they  were  routed  and 
repulsed,  in  the  midst  of  this  carnival  of  crime,  which  must  outrage 
the  sensibilities  of  the  civilized  world.  Many  of  them,  with  awakened 
consciousness  of  their  deserts,  now  contemplate  their  doom  within  the 
walls  of  the  prison  from  which  they  hoped  to  release  their  companions. 

An  avenging  God  suddenly  summoued  their  atrocious  leader  from 
the  scene  of  his  wickedness  to  the  bar  of  judgment,  and  on  his  slain 
body  were  found  his  atrocious  instructions,  stained  with  his  own 
blood.  The  name  of  Dahlgren  will  be  handed  down  to  history  as  a 
fit  associate  in  infamy  with  Butler,  and  a  host  of  lesser  criminals,  who 
have  disgraced  humanity,  and  shocked  the  moral  sense  of  the  world. 

But  in  these  very  atrocities  'you  will  discern  the  motive,  if  any 
were  needed,  for  continued,  services  and  fresh  sacrifices.  Virginia 
takes  no  step  backward.  Every  consideration  of  honor,  interest, 
duty  and  safety  demand  that  we  shall  go  forward  in  the  grand  strug- 
gle for  human  rights  and  human  liberty,  so  bravely  begun,  and  so 
manfully  maintained. 


RESOLUTIONS.  81 

After  all  that  we  have  suffered  and  endured,  subjugation  or  sub- 
mission to  the  cruel  foe  would  reduce  us  to  a  degree  of  degradation 
and  misery  which  has  no  parallel  in  the  history  of  civilization. 

The  sacrifices  of  Mood  and  ireasure  that  we  have  expended,  the 
memories  of  the  uohle  martyrs  who  have  freely  given  their  lives  for 
the  achievement  of  lur  independence,  forbid  that  we  should  need- 
lessly throw  away  what  has  been  already  won,  in  the  vain  hope  of 
obtaining  peace  or  security. 

Nothing  but  wretchedness  and  untold  misery  await  us,  if  \re  stop 
short  of  tli'e  unconditional  acknowledgment  of  our  independence. 
This  your  valor  will  surely  command. 

Men  of  Virginia!  you  are  soldiers  of  a  renowned  commonwealth, 
whose  fame  you  have  illustrated  and  borne  aloft  on  every  battlefield. 
We  need  not  unfold  to  you  the  muniments  of  your  right  to  self- 
government.  We  are  assured  that  you  fully  comprehend  the  neces- 
sity of  a  successful  assertion  of  that  right,  and  that  you  will  never 
lay  down  your  arms  until  you  have  secured  it.  Born  to  an  inheri- 
tance of  freedom,  you  cannot  hesitate  to  choose  between  slavery  or 
death.  Submission  to  an  enemy,  who  has  exhausted  every  infamy, 
is  not  endurable  even  in  thought ;  but  were  we  base  enough  to  desire 
peace  upon  any  terms  less  than  the  unqualified  recognition  of  our 
independence,  self-interest  alone  would  teach  us  the  folly  of  relying 
upon  the  forbearance  of  a  nation  who  have  shown  in  every  step  of 
the  war,  that  their  faith  is  perfidy,  and  their  only  policy  is  rapine, 
plunder  and  oppression.  The  whole  history  of  our  former  associa- 
tion with  the  northern  states  admonishes  us  that  in  a.  common  govern- 
ment they  will  never  fail  to  employ  their'  power  to  take  away  our 
property.  Their  present  malice  springs  chiefly  from  baffled  cupidity. 
But  for  this*  master  passion  of  their  nature,  an  honorable  and  speedy- 
peace  would  be  easy.  The  war  has  fully  developed  all  their  pur- 
poses, and  you  now  know  the  fate  that  awaits  you  in  the  event  of 
subjugation.  Your  liberties  will  utterly  perish.  Your  state  organi- 
zation will  be  blotted  out.  All  your  property  of  every  description 
will  be  confiscated,  for  all  of  us  have  participated  in  the  revolution. 
Your  lands  will  be  divided  out  among  the  banditti  from  the  north 
and  from  Europe,  who  have  invaded  our  state.  A'free  negro  popu- 
lation will  lie  established  in  your  midst,  who  will  be  your  social  equals 
and  military  governors.  Negro  guards. will,  at  their  pleasure,  give 
you  passes  and  safe  conducts,  or  arrest  you  to  be  tried  and  punished 
i  by  negro  commandants  and  magistrates :  and  to  these,  yourselves, 
your  wives  and  children  will  be  menial  laborers  and  slaves,  except 
i  those  of  you  whom  the  malice  of  your  enemies  shall  reserve  for  the 
dungeon  or  the  gallows. 

Such  is  the  doom  denounced  for  the  people  of  the  south  by  the 
wicked  race  now  warring  upon  us.     But  we  know  it  can  never  be 
executed.     An  army  of  veterans  have  resolved  ..that  their  country 
shall  not.  be  enslaved ;  and  while  their,  purpose  stands,  the  enemy's 
i  designs  will  continue  to  be  baffled.     Among  you  there  is  one  spirit — 
:  that  of  eager  and  resolute  determination.     The  temper  of  the  army 
I  has  reached  the  people'  at  home,  and  inspired  them  with  a  fresh 
courage  and  a  more  assured  confidence.     Every  where  we  see  multi- 
plied evidences  of  energy  and  enthusiasm.     In  all  the  states  we  find 
i the  resolution  to  endure  every  extremity  rather  than  submit;  and  ' 
with  this  spirit  our  people  are  invincible.     The  armies  are  filling  up 
their  ranks,  and  the  legislation  of  congress  has  added  still  further  to 
their  numbers  and  efficiency.     Those  citizens  who  remain  at  home 
to  carry  on  the  industrial  pursuits  essential  to.  the  support  of  the 
army,  will  see  to  it  that  you  shall  not  want  for  food,  while  you  are  ex- 
posing your  lives  to  protect  their  property  and  homes  from  rapine. 
The  defence  of  the  country  has  become  its  business,  and  every  citizen 
is  required  to  contribute  to  it  in  his  proper  sphere.     The  general 
6 


82  RESOLUTIONS. 

assembly  of  the  commonwealth  has  taken  steps  to  aid  those  families 
of  her  soldiers  who  may  be  in  want,  and  it  will  not  fail  to  do  all  in 
its  power  to  provide  for  and  cherish  them.  They  have  authorized 
and  directed  the  purchase  or  impresstnent  of  unlimited  supplies  for 
their  maintenance ;  appropriated  one  million  dollars  for  the  relief  of 
such  as  are  within  the  lines  of  the  enemy,  and  half  a  million  as  a 
hospital  fund  for  the  sick  and  wounded.  An  organized  agency  of 
the  state  distributes  the  voluntary  contributions  of  patriotic  citizens. 
Individually  and  collectively,  in  county,  city  and  state  organizations, 
the  people  with  one  accord  are  determined  to  feed,  clothe,  sustain 
and  cherish  the  army. 

On  the  other  hand,  your  enemies  are  appalled  by  the  magnitude  of 
the  task  before  them.  The  loud  boastings  which  a  few  weeks  since 
they  so  freely  uttered,  have  been  silenced  by  your  unanimous  re- 
enlistments,  for  the  war,  and  the  stern  and  resolute  bearing  of  the 
south.  Dissensions  exist  among  them.  Eager  to  possess  the  spoils 
of  their  corrupt  and  profligate  government,"  they  hate  each  other 
nearly  as  much  as  they  do  us.  The  war  is  no  longer  popular.  The 
rich  are  allowed  to  buy  an  exemption,  and  thus  cast  all  the  burden 
and  risk  upon  the  poor.  The  laboring  classes  have  already  revolted 
against  the  draft.  To  escape  its  odium,  enormous  bounties  have  been 
offered  to  volunteers;  but  all  these  expedients  have  failed,  and  again 
a  heavy  draft  has  been  ordered.  The  armies  of  the  enemy  are  every 
day  diminishing,  and  it  is  evident  they  cannot  recruit  them  to  the 
numbers  with  which  they  began  the  struggle.  A  large  and  growing 
party  are  for  peace.  A  still  larger  party  have  discovered  that  the 
war  has  so  far  only  served  to  entail  upon  themselves  a  despotism 
which  tramples  down  every  public  and  private  right.  They  feel  and 
acknowledge  that  they  are  the  slaves  of  one  whose  character  has 
made  him  odious  to  the  world.  Torn  by  party  and  personal  strife, 
and  conscious  of  the  impotence  of  their  scheme  of  conquest,  the  ranks 
of  your  enemies  are  already  beginning  to  waver.  One  more  resolute 
effort,  and  the  day  is  ours. 

God  will  strengthen  your  arms  in  the  hour  of  battle,  and  give  his 
blessing  to  a  just  cause.  Independence  and  peace  will  be  conceded 
by  your  enemies,  and  you,  the  defenders  of  the  commonwealth,  may 
return  to  your  homes  to  receive  the  welcome  due  to  the  brave,  and  to 
enjoy  those  honors  which  will  grow  brighter  as  your  years  shall  be 
prolonged.  And  when  our  ears  shall  be  no  longer  startled  by  the 
"clash  of  resounding  arms,"  and  a  happy,  prosperous  and  permanent 
peace  shall  succeed,  returning  from  the  fields  of  your  fame,  you  will 
be  greeted  with  tears  of  joy  by  the  loved  ones  at  home — the  heroes 
of  every  circle — to  receive  the  smiles  of  the  fair  and  become  the 
theme  of  gratitude  and  praise  around  every  hearthstone,  protected 
by  your  valor. 

Then  every  heart  shall  rejoice  in  that  quiet  which  your  courage  has 
secured.  Not  the  quiet  of  deserted  homes  and  desolated  farms;  of 
sacked  cities  and  rifled  churches;  of  villages  in  ashes  and  towns  in 
ruins;  but  the  quiet  of  smiling  farms,  when  the  blue  smoke  shall  carl 
again  above  the  ancestral  trees,  to  welcome  back  the  long  exiled  refu- 
gee to  his  home.  The  quiet  of  thriving  villages,  when  the  old  man 
on  his  crutch  and  the  brave  and  warnworn  veteran  with  his  armless 
sleeve,  shall  tell  of  bloody  battles  and  scenes  of  privation  to  smiling 
children  around  him.  The  quiet  of  prosperous  cities,  whose  wharves 
shall  whiten  with  an  opulent  commerce:  whose  shops  shall  hum  with 
a  busy  industry,  and  whose  spires  point  to  that  haven  of  rest  which  is 
far  away.  Then  from  a  thousand  happy  hearts  and  happy  homes 
shall  arise  thanksgiving  and  praise  to  the  God  of  battles,  as  of  grace, 
while  tears  of  gratitude  will  embalm  the  memories  and  bedew  the 


RESOLUTIONS.  83 

graves  of  the  brave  men  whose  blood  has  been  shed  as  a  -libation  to 
liberty. 

A.  D.  Dickinson,  Chn.    \ 

A.  J.  Marshall, 

Andrew  Hunter, 

Senate  Committee. 
.    «  B.  H.  Shackelford,  Chn. 

R.  W.  IiUNTEK, 

F.  B.  Deane, 

A.  C.  CUMMINGS, 

R.  H.  Baker, 

House  Committee. 


No.  2. — Joint  Resolution  authorizing  the  Publication  aud   Distribution  of 

the  Address  of  the  General  Assembly  to  the  Soldiers  of  Virginia. 

Adopted  March  9,  1864. 

Resolved  by  the  general  assembly,  that  the  address  of  the  general  Ad<tr*»B  «o  s>* 
assembly  to  the  soldiers  of  Virginia  be  published  in  the  Richmond  ^"^^''0"^ 
newspapers  for  one  week,  on  alternate  days,  aud  that  ten  thousand 
extra  copies  be  printed  for  distribution  by  the  governor  among  the 
soldiers  of  Virginia,  in  such  mode  as  in  his  judgment  will  best  at- 
tain that  object. 


No.  3. — Joint  Resolutions  affirming  the  Right  of  the  State  of  Virginia  to 
appoint  all  Officers  needful  to  perform  the  various  functions  of  her  State 
Government,  aud  declaring  certain  Officers  indispensable  to  the  proper 
maintenance  of  the  dignity,  integrity  and  efficiency  of  the  Government  of 
the  State,  &c. 

Adopted  March  10,  1864. 

Resolved  by  the  general  assembly  of  Virginia,  that  this  state  claims  ciudm  of  *ufs 
as  an  absolute  right,  not  relinquished  or  compromised  in  any  manner 
by  her  adoption  of  the  constitution  of  the  Confederate  States,  the 
appointment  of  all  officers  deemed  needful  by  her  to  perform  the 
various  functions  of  her  state  government,  and  their  total  immunity, 
except  with  the  assevit  of  the  legislature,  so  far  as  the  same  might  be 
given  consistently  with  the  constitution  of  the  state,  from  any  mili- 
tary service  or  duty  to  the  confederate  government- 
Resolved,  that  the  following  officers  of  the  state  of  Virginia,  elected 
or  appointed  under  and  by  virtue  of  the  constitution  and  laws  thereof, 
to  wit : 

In  the  legislative  department — The  members  of  both  houses  of  the  Legislate 
general  assembly)  and  their  officers. 

In  the  executive  department — The  governor,  the  lieutenant  gover-  Executive 
nor,  the  secretary  of  the  commonwealth  and  his  clerks,  the  treasurer, 
the  two  auditors,  and  the  register  of  the  land  office,  and -all  their  regu- 
lar clerks  provided  for  by  law ;  the  board  of  public  works  and  their 
secretary;  the  public  printer  and  the  printer  of  the  senate;  the  adju- 
tant general  and  his  clerk;  the  inspector  general;  the  commissioned 
officers,  one  clerk  and  necessary  artificers  of  the  ordnance  depart- 
ment, certified  as  such  by  the  colonel  of  ordnance;  the  quartermaster 
general,  and  the  officers  and  men  of  the  public  guard;  the  commis- 
sioners of  the  revenue,  and  the  superintendent  of  the  salt  works  and 
his  assistants  authorized  by  law. 

In  the  judiciary  department — The  judges  of  the  court  of  appeals  judiciary 
and  of  the  circuit  courts,  and  the  judge  of  the  hustings  court  of  the 
city  of  Richmond;  the  clerks  of  said  courts,  and  of  the  district, 
county  and  corporation  courts,  or  a  deputy  clerk  for  each  of  said 
courts,  where  the  clerk  thereof  is  in  the*  military  service  of  the  Con- 
federate States;  the  justices  of  the  peace,  the  attorney  general  and 
/ 


84 


RESOLUTIONS, 


Public 


Powpr,  /kc.  of 


OiNtr  powi 
govern'  r 


attorneys  for  the  commonwealth;  the  sheriff  of  each  county  and  cor- 
poration, and  the  sergeant  and  collector  of  taxes  of  each  corporation 
having  a  hustings  court ;  the  high  constable  of  the  city  of  Richmond. 
]u  the  public  establishments — The  professors  and  officers  of  the 
university  of  Virginia,  and  the  superintendent  and  professors  of  the 
Virginia  military  institute ;  the  superintendents  of  fhe  public  hos- 
pitals and  the  lunatic  asylums,  and  the  physicians  and  employees 
employed  therein,  and  the  teachers  employed  in  the  institution  for  the 
deaf,  dumb  and  blind;  the  superintendent  of  the  penitentiary,  his 
assistants  and  clerk,  are  indispensable  to  the  performance  of  the 
public  functions  with  which  they  are  charged,  and  to  the  proper 
maintenance  of  the  dignity,  integrity  and  efficiency  of  the  govern- 
ment of  this  state,  and  the  public  institutions  thereof,  and  are  not, 
and  of  right  should  not  be  liable  to  be  called  into  the  military  service 
of  the  confederate  government,  by  virtue  of  any  law  thereof,  so  long 
as  they  hold  their  respective  offices  under  this  state :  provided,  that 
all  the  clerks,  assistants  and  employees  between  the  ages  of  eighteen 
and  forty-five  years,  embraced  in  the  foregoing  clauses,  shall  not  be 
entitled  to  exemption,  unless  the  person  authorized  by  law  to  employ 
such  clerk,  assistant  or  employee,  shall  first  certify  that  they  are 
absolutely  necessary  for  the  performance  of  the  duties  assigned  them, 
and  that  he  does  not  believe  he  can  procure  the  services  of  any  per- 
son or  persons  qualified  to  discharge  the  duties  assigned  them  respec- 
tively, not  liable  to  military  service. 

Resolved,  that  the  governor  be  and  he  is  hereby  authorized  and 
directed,  in  such  mode  as  he  may  deem  best,  to  apprise  the  proper 
confederate  authorities  that  the  state  of  Virginia  claims  and  requires 
the  exclusive  service  of  the  above  enumerated  officers,  and  their  im- 
munity from  all  military  service  to  the  confederate  government,  by 
virtue  of  any  law  thereof. 
r  Resolved,  that  the  governor  be  further,  empowered  and  directed  to 
certify  as  to  such  other  officers  as  he  may  deem  necessary  for  the  pro- 
per administration  of  the  government,  and  to  bring  to  the  notice  of 
the  said  authorities  the  presidents,  cashiers,  tellers,  and  such  other 
officers  of  the  banks  of  discount  and  deposit  of  this  commonwealth 
as  he  may  think  necessary  to  the  safe  conduct  of  their  business; 
also,  airy  special  cases  of  persons  whose  services  he  may  consider 
important  to  the  public  interest,  to  the  preservation  of  order,  to  the 
security  of  our  cities,  or  the  efficiency  of  our  public  establishments, 
and  request  their  exemption  so  long  as  they  may  be  rendering  such 
services,  from  the  military  service  of  the  Confederate  States. 


Duly  of  at- 
torney genera] 


No  4. — -Joint  Resolution  in  relation  to  Perpetuating  Testimony. 
•     Adopted  March  8,  18G4. 

Resolved  by  the  general  assembly,  that  the  attorney  general  of 
Virginia  be  and  he  is  hereby  instructed  to  cause  the  facts  and  cir- 
cumstances of  the  recent  raid  upon  the  city  of  Richmond  by  Colonel 
Dahlgren,  to  be  verified  and  perpetuated,  by  making  a  record  of  the 
evidence  in  relation  thereto,  and  filing  the  same  in  the  office  of  the 
secretary  of  the  commonwealth. 


No.  5. — Preamble  find  Joint  Resolution  relative  to  the  Arrest  ;md  Sentence 
i  of  Certain  Cnizens.of  Portsmouth  by  the  Federal  Authorities. 

Adopted  March  8,  18G4. 

Whereas  the -general  assembly  of  Virginia  have  learned  that  the 
Reverend  George  M.  Bain,  cashier  of  the  Portsmouth  savings  fund 
society,  and  William  H.  H.  Hodges,  cashier  of  the  Merchants  and 
Mechanics  savings  bank,  citizens  of  Portsmouth,  Virginia,  the  first 


RESOLUTIONS.  .  35 

earned  being,  over  sixty  ye^rs  of  age,  and  the  other  a  cripple,  have 
been  arrested  and  sentenced  to  hard  labor  at  Hatteras,  North  Caro- 
lina, by  order  of  Major  General  Butler,  or  some  other  officer  of  the 
federal  government,  for  alleged  fraudulent  disposal  of  the  funds  of 
their  respective  banks  ;  and  that  the  Reverend  John  H.  Wingfield, . 
rector  of  Trinity  Episcopal  church,  Portsmouth,  had  been  put  to  hard 
labor  on  the  public  streets  of  that  city,  with  a  ball  and  chain  to  his 
leg,  because  he  refused  to  renounce  his  allegiance  to  this  his  native 
state  :  Therefore, 

Be  it  resolved  by  the  general  assembly,  that  the  governor  of  the  Attention  of 
commonwealth  be  and  he  is  hereby  requested  to  invite  the  attention  ?£n^|™f**'j* 
of  the  confederate  government  to  the  arrest  and  sentence  of  those  invited' 
three  worthy  citizens  of  this  "state,   and  to  respectfully  ask  that  the 
facts  may  be  investigated  ;  and  if  found  as  stated  and  believed,  that 
three  citizens  of  the  federal  states,  if  there  be  such  in  the  hands  of 
the  confederate  authorities,  be  held  at  hard  labor  as  hostages  for 
these  three,  citizens  of  Virginia  ;  and  if  none,  that  three  federal  offi- 
cers be  placed  at  hard  labor,  one  with  ball  and  chain,  on  the  public  .   ' 
streets,  and  held  as  hostages  for  Messrs.  Bain,  Hodges  and  Wingfield. 


No.  6. — Joint  Resolution  in  lelation  to  the  employment  of  Free  Negroes,  &c. 
Adopted  February  29,  1864. 

Whereas  the  congress  of  the  Confederate  States  of  America,  by  PreamMa 
an  act  passed  on  the  thirteenth  of  February  eighteen  hundred  and 
sixty-four,  and  approved  by  the  president,  entitled  an  act  to  increase 
the  efficiency  of  the  army,  by  the  employment  of  free  negroes  and 
slaves  in  certain  capacities,  have  declared  that  all  male  free  negroes 
and  other  free  persons  of  color,  &c,  shall  be  held  liable  to  perform 
such  duties  with  the  army,  &c.  as  the  secretary  of  war,  &c.  may 
prescribe  :  And  whereas  it  is  provided  that  the  secretary  of  war,  &.C., 
with  the  approval  of  the  president,  may  exempt  from  the  operations, 
of  this  act  such  free  negroes  as  the  interest  of  the  country  may  re- 
quire should  be  exempted,  or  such  as  he  may  think  proper  to  exempt 
on  grounds  of  justice,  equity  or  necessity :  And  whereas  large  dis- 
tricts of  this  commonwealth  have  been  deprived  of  a  large  amount 
of  their  labor  by  the  escape  of  slaves,  and  are  solely  dependent  upon 
free  negro  labor :  And  whereas  it  is  important  and  necessary  that  this  • 
class  of  labor  should  be  permitted  to  remain  in  the  districts  aforesaid 
for  purposes  of  production  :  Therefore, 

Be  it  resolved  by  the  general  assembly,  that  the  governor   be  Duty  of  govor 
directed  to  request  the  secretary  of  war  to  exempt  from  the  opera-  nor 
iionS  of  this  act  those  counties  of  this  commonwealth  in  the  power  or 
possession  of  the  public  enemy,  or  so  threatened  that  any  attempt  to 
remove  the  free  negroes  would  endanger  their  escape  to  the  public 
enemy. 


No.  7. — Preamble  and  Joint  Resolution  in  relation  to  the  dearth  of  Dr.  D. 

M.  Wright  of  the  City  of  Norfolk. 

Adopted  March  10,  1864. 

Whereas  the  arrival  within  confederate  lines  of  the  distressed  Preamble 
family  of  the  deceased,  establishes  beyond  question  the  newspaper 
announcement  of  the  execution  by  the  federal  authorities  in  obe- 
dience to  the  sentence  of  a  military  commission,  of  Dr.  David  M. 
Wright  in  the  city  of  Norfolk,  on  the  twenty-third  day  of  October 
eighteen  hundred  and  sixty-three :  And  whereas  it  is  fit  and  proper 
that  Virginia  should  place  upon  permanent  record  her  high  apprecia- 
tion of  a  son,  whose  courage,  zeal  and  devotion  marked  with  blood 
the  first  effort  to  establish  upon  her  soil  an  equality  of  races,  and  in- 


86  RESOLUTIONS. 

troduce  into  our  midst  the  leveling  dogmas  of  a  false  and1  pretended 
civilization  :  •     • 

Recognized  as  a      1.   Be  it  resolved  by  the  general  assembly  of  Virginia,  that  in  the 
martyr  death  of  Dr.  Wright  this  commonwealth  recognizes  another  addition 

to  the  long  and  illustrious  catalogue  of  martyrs,  whose  stern,  inflexi- 
ble devotion  to  liberty  have  rendered  heroic  the  history  of  her  people.. 
.    in  the  present  struggle'. 
imitation  of  his      2.    That  as  the  proudest  tribute  which  Virginia  can  offer  to  his 
tokfd  k  in         memory,  she  would  earnestly  invoke  her  children,  whether  within  or 
beyond  the  enemy's  lines,  to  imitate  his  example  and  emulate  his 
high  resolves. 
To  be  trans-  3.    That  the  governor  of  the  state  be  requested  to  transmit  a  copy 

mitted  to  family  0f  tnja  preamble  and  these  resolutions  to  the  family  of  Dr.  Wright- 
together  with  assurances  of  the  sincere  sympathy  of  the  general 
assembly. 


No.  8. — Joint  Resolution  giving  certain  Instructions  to  the  Board  of  Public 
|  Works. 

Adopted  February  26,  1864. 

Duty  of  board  Resolved  by  the  general  assembly,  that  the  board  of  public  works 
of  public  works  be  instructed  to  use  the  power  vested  in  it  by  law  to  secure  an  ade- 
quate supply  of  fuel  to  and  transportation  of  salt  from  the  salt  works, 
according  to  the  order  of  priority  established  by  the  general  assem- 
bly, at  its  late  extra  session,  in  connection  with  the  report  of  the 
joint  committee  on  salt,  in  respect  to  salt  for  Georgia. 


No.  9. — Preamble  and  Joint  Resolution  authorizing  the  Secretary  of  the 
Commonwealth  to  certify  the  result  of  the  Elections  in  the  second  and 
thirty-first  Senatorial  Districts,  without  awaiting-  the  lapse  of  time  required 
by  law.' 

Adopted  February  2,  1864. 

Preamb!-  Whereas  elections  have  been  held  to  supply  the  vacancies  in  the 

second  and  thirty-first  senatorial  districts;  and  it  appearing  that  tho 
senators  elect  cannot  take  their  seats  until  the  expiration  of  forty-two 
days  after  the  day  of  election,  under  the  act  passed  March  twenty- 
fourth,  eighteen  hundred  and  sixty-three,  entitled  an  act  to  provide 
representation  for  the  counties  where  the  courthouses  are  in  the  pos- 
session of  the  public  enemy;  and  there  appearing  to  be  no  good  or 
substantial  reason  why  the  senators  elect  from  the  said  districts 
«  should  not  be  declared  elected,  and  admitted  to  the  floor  of  the  se- 

nate :  Therefore, 
Power  of  secre-  Resolved  by  the  general  assembly,  that  the  secretary  of  the  com- 
tary  of  common-  monwealth  be  and  he  is  hereby  authorized  to  certify'  the  result  of 
said  elections,  without  waiting  for  the  lapse  of  said  forty-two  days, 
to  the  end  that  representation  may  be  secured  to  said  districts  as 
early  as  possible  :  provided,  that  the  rights  of  no  contestant  shall  be 
prejudiced  hereby. 


No.  10. — Joint  Resolution  in  relation  to  the  convening  of  tbe  General 

Assembly. 

Adopted  February  27,  1864 

Governor  re-  Resolved  by  the  general  assembly,  that  the  governor  be  and  he  is 

quested  t^on-  hereby  respectfully  requested  to  convene  the  general  assembly  on  the 
first  Wednesday  in  December  eighteen  hundred  and  sixty-four ;  but 
this  application  is  not  intended  to  interfere  in  any  manner  with  the 
exercise  of  the  discretion  vested  in  the  governor  by  the  constitution, 
should  he  think  proper  for  any  cause  to  convene  the  general  assem- 
bly at  an  earlier  day. 


RESOLUTIONS.  87 

No.  II. — Resolution   concerning  the   Pay  of  Soldiers   in   the   Confederate 
•'  States  Army. 
Adopted  December  18,  1863. 

1.  Resolved,  that  in  the  opinion  of  the  general  assembly  of  Virginia,  increase  h» 
some  provision  for  the  increase  of  the  pay  of  the  soldiers  in  the  army  j^1'1'"^?*7 
of  the  Confederate  States  should  at  once  be  made  by  the  congress  of 

the  Confederate  States ;  and  that  the  senators  from  Virginia  be  in- 
structed and  the  representatives  in  congress  be  requested  to  take  im- 
mediate steps  to  pass  a  law  providing  for  such  increase  of  pa}'  as  will, 
under  the  present  circumstances,  be  just  and  adequate  to  supply  the 
wants  of  the  soldiers  in  the  army.  ' 

2.  Resolved,  that  the  governor  of  this  commonwealth  be  requested  To  be  tran«- 
to  communicate  the  passage  of  the  above  resolution  to  our  senators  ™.1^d  t0  coa' 
and  representatives  in  congress. 


No.  12. — Joint  Resolution  for  the  appointment  of  a  Committee  to  enquire 

into  the  Treatment  of  Conscripts  at  Camp  Lee. 

Adopted  February  25,  1864. 

Whereas  it  has  been  stated  in  the  public  press  of  this  city  and  Preamble 
elsewhere,  that  the  conscripts  at  Camp  Lee  have  been  subjected  to 
harsh  and  inhuman  treatment,  and  it  is  due  alike  to  the  officers  in 
charge  and  to  the  conscripts,  that  such  a  charge  should  be  investi- 
gated :  Therefore, 

Resolved  by  the  general  assembly,  that  a  joint  committee  of  three  investigating 
on  the  part  of  the  senate  and  five  on  the  part  of  the  house  of  dele-  c0™""51** 
gates  be  appointed  to  enquire  and  report  whether  any,  and  if  any, 
what  abuses  or  inhumanity  may  have  been  practiced  or  tolerated  at 
Camp  Lee,  in  the  treatment  of  conscripts,  and  that  they  report  to 
the  assembly  the  result  of  their  investigation. 


No.  13. — Joint  Resolution  in  regard  to  the  requisition  for  Slaves  to  work  on 

Fortifications. 

Adopted  February  19,  1864. 

Whereas,  in  view  of  the  pressing  importance  of  making  extraor-  Preamble 
diuary  efforts  to  produce  as  large  crops  as  possible  the  present  year: 
And  whereas  the  recent  requisition  by  the  confederate  authorities  for 
slave  labor  to  work  on  fortifications  will,  if  carried  out,  interfere 
seriously  with  the  farming  productions  of  the  state  :  Therefore, 

Be  it  resolved  by  the  general  assembly,  that  the  governor  of  this  Release  of 
state  be  respectfully  requested  to  confer  with  the  authorities  of  the  slaves  sag^1***1 
Confederate  States,  and  urge  upon  them  the  necessity,  in  the  present 
emergency,  of  releasing  the  slaves  from  sant  requisition,  if  in  the 
judgment  of  the  confederate  authorities  this  release  may  be  granted 
consistently  with  the  necessities  of  the  military  situation. 


No.  14. — Joint  Resolution  in  relation  to  B.  F.  Mun'ay,  Sheriff  of  Shenan- 
doah County. 

Adopted  February  29,  1804. 

Whereas  it  is  represented  that  B.  F.  Murray,  sheriff  of  Shenan-  Preamble 
doah  county,  transmitted  to  the  seat  of  government  the  sum  of  twelve 
thousand  five  hundred  dollars,  to  be  placed  to  his  credit  on  the  taxes 
collected  by  him  for  the  year  eighteen  hundred  and  sixty-two,  which, 
by  a  misapprehension,  was  credited  against  his  collections  for  the 
year  eighteen  hundred  and  sixty-three  : 

Be  it  therefore  resolved  by  the  general  assembly,  that  if  the  audi-  Auditor  autho 
tor  of  public  accounts  shall  be  satisfied  that  the  payment  was  impro- 


rized  to  correct 
error 


RESOLUTIONS. 


perly  credited  to  the  taxes  of  eighteen  hundred  and  sixty-three,  he 
may  correct  the  credit,  by  applying  the  same  to  the  taxes  of  eighteen 
hundred  and  sixty-two. 


liOBB^P  Of  h  luv>=! 

&c  to  be  re- 
ported to  audi- 
tor 


Auclinir  to  re 
port  to  legisla- 
ture 


No.  ]5. — Joint  Resolution  instructing  the  Auditor  of  Public  'Accounts  to 
obtaiu  certain  information  from  the  Commissioners  of  the  Reveuue,  anu  to. 
communicate  the  same  to  the  General  Assembly,  at  its  next  Session. 
Adopted  Mardh  10,  1864. 

Resolved  by  the  general  assembly,  that  the  auditor  of  public  ac- 
counts give  instructions  to  the  commissioners  of  the  revenue  in  the 
several  counties  of  the  commonwealth,  to  make  out  and  return  to  his 
office  detailed  statements,  in  such  statistical  form  as  he  shall  pre- 
scribe, of  the  losses  of  slaves  and  other  property,  personal  and  real ; 
also  churches,  courthouses,  records  and  other  public  property,  sus- 
tained by  the  citizens  thereof,  with  a  list  of  the  owners  thereof,  from 
the  commencement  of  the  existing  war  to  the  first  day  of  July  eigh- 
teen hundred  and  sixty-four,  specifying  the  losses  in  each  fiscal  year, 
and  the  value  thereof  at  the  prevailing  prices  of  eighteen  hundred 
and  sixty ;  and  showing  the  productions  of  agriculture  in  those  fiscal 
years,  compared  with  the  said  products  in  the  year  preceding  the 
existing  war;  and  that  the  auditor  lay  the  details  so  obtained  before 
the  general  assembly  at  its  next  session. 


Keeper  of  rolls 
to  correct  error 


No.  16. — Joint  Resolution  authorizing-  the  Keeper  of  the  Rolls  to  correct  a 

Clerical  Error. 
Adopted  March  10, 1864. 

Resolved  by  the  general  assembly,  that  the  keeper  of  the  rolls  of 
Virginia  be  directed  to  correct  a  clerical  error  in  an  act  passed  Janu-  ' 
ar}T  twenty-ninth,  eighteen  hundred  and  sixty-four,  entitled  an  act 
extending  the  jurisdiction  of  the  circuit  court  of  the  town  of  Dan- 
ville, so  as  to  insert  "county"  instead  of  "circuit"  court. 


SEPARATE  ELECTION  PRECJINCTS. 


GxiZT^tZ^Z^  CMP^gne;  New  Church;  Corbin  and  Fletchers;  Mapp's . 
uuinora,  JNewstown;  Onancoclv;  Pungoteague  ^^ 

JZW^e-Court-hou«e;  Lindsay's  Turnout;  Everettsville;  Stony  Point-  Earlev«vill«- 

Alexandria— Five  districts-Identical  with  magisterial  districts.  " 

Allcghany-Comt-house;    Robert  Skeen's  Hotel;    John  O,  Taylor's-    Geonrp  Stnll'- 
Clifton  Forge;  Jabez  Johnston's ;  Griffith's  Mill ;  Fork  Run  '  g  ' 

-dmcfta— At  the  same  place  as  magisterial  elections. 

|oakS"""ra_C'n"r'-h0"Sei  ^"-Acdemji^kyChapel;  HSnmert,,  Spout  Spring, 

H,S:;;^f  aLsn?turaei"";  Nu,ter,s;  "-**«  ^m.^zSs.iSss*, 

G,S;''^U°7'"1">US'i!   C<il]"C'«ki  Hamilton's,   Cleek's  Mill,  Wffli.m5ville;   Milton, 

^cW/«r«-Court-honse;  Stanton's  Shop;  New  Store;  Wright's;  Curdsville-  Allen's 

Jem^^^S^^^i^V^  St°re;  SP^^'s;  DoolSe"    M^lf   Ba  : 
rew s  rrecinct,  McGomas';  Falls  of  Guyandotte ;  KihWe's  Precinct  •  PptwRnffll,(     - 
'ampfteM-PIaces  the  same  as  for  magisterial  elecMonf  \reemct'  Peter  Bufcngtou  .. 

'Rovnl°'Qe""C0Urt"^T;  ?,fed7  Church;  Oakley's;  Needwood;  Sparta-  Pitts'-  Por* 
Koyal;  Sycamore;  Golansville;  Madison's  pp        '      ms  '    ^ort 

!    ^f^f-C^\house;  Polly  Quesenberry's ;  Thomas  Quesenherry's ;  Laurel  Fork-  Kin 

^tortT^rlSLrt"hOUSe;  Eritt°n'S  Sh°P;  SbeU'S  Tavera=  Manchester;  Robinson's 
^oSVo?S;h°USe;  RUSSell'S  TaVem;  White  post ;(  Millwood;  Royston's  Tavern; 
^^SSCarper,STaTem;  Walker's  Store;'  Scott's  Tavern;    Martin  Huff- 

^ZZ^X^^r^^    C°1Vin'S;    Ste™^    Pottsville;    Gathright's ; 

C«,n&erW-Court-house;  Tavern  Precinct ;  Oak  Forest;  Irwin's 
aS'^Xland's    °USe;   ^"P8'1   Goodw^s-»^   Williams'  Shop;   Darvill's;  Wil- 

DoddrMge-Court-house;  Allen's;  Bond's;  Key's;  Davis'. 

JLhzabeth  City— Court-house ;  Liveley's  Ordinary;  Fox  Hill 

gfsex— Court-house;  Occupacion;  Lloyd's;  Miller's;  Bestland;  Centre  Cross 
1  ai^-Coyt-house;  Crossroads;  Arundel's;    Saogster;    Ross';    SSle-   Anan 
ale;  West  End;  Accotink;  Centreville;  Falls  Church ;  Fars;  BaylesTpulman's 


90  SEPARATE    ELECTION    PRECINCTS. 

Fauquier — Courthouse ;  Plains;  Salem;  White  Ridge;  Farrowsville;  Orleans;  Liberty; 
Morrisville;  Paris;  N'j,.v  Baltimore  ;  Rectortown;  Weavorsville ;   I Fpperville. 

Fayette — Court-house;  Blake's;  Gauley  Bridge ;  Fleshman's;  Lewis';  Keeney's;  Ter- 
ry's ;  Coleman's. 

Fluvanna — Conrt-house ;  Howard's  Store;  Columbia;  Morris' Store;  Kent's  Store;  Ha- 
den's  Store;  Bashaii  and  Sriead's;  Bledsoe's;  Union  Grove. 

Franklin — Court-house ;  Allen's;  Union  Hall;  Booth's  Store;  McVcy's  Tanyard; 
Helm's;  Dickerson's;  Kinsey's;  Richland  Grove;  Bush's  Store;  Sydnorsvillc ;  Snow 
Creek;  Aldridge's  Store. 

Frederick — Court-house;  Engine-house:  Gwinn's  Tavern  ;  Hoover's  Tavern  ;  Newtown; 
Middlctown ;  Russell's;  Anderson's;  Brueetown;  Swhier's;  Cole's  School  house;  Pisgh- 
town. 

Giles — At  the  same  places  as  magisterial  elections;  Howe's  Hotel.       • 
Gilmer — Courthouse;    .Jokland;    Burke's;    Widow  Stump's;    DeKalb's;    Peregrin© 
Hays';  Knott's;  Bewett's;  Troy; 

Goochland — Court-house;  Little  Store;  Perkinsville;  Smith's  Shop;  Mills';  Holland's; 
Poor's;  Jennings'. 

Gloucester — Places  the  same  as  for  magisterial  elections. 

Greenbrier — Courthouse;  Biue  Sulphur  Springs;  Lick  Creek;  Anthony's  Creek;  Spring 
Creek;  Southside;  Lewisburg;  White  Sulphur;  Miller's;  Irish  Corner;  Williamsburg; 
Frankfort. 

Greene — Court-house;  Ruekersville;  Ten  ill  Shiflett's;  McMullansviile. 
Greenesmlb: — Court-house;   Ryland's  Depot;   Blunt'sMill;   Poplar  Mount. 
Halifax — Court-house;  Meadesviile;  MountCarmel;  Halifax  Springs;  High  Hill;  Hud- 
son's; Garrett's  Store;   Whiteville;   Republican  Grove;   Brooklyn. 

Hampshire — Court-house;  John  Litter's ';  Miers':  Burlington;  Taylor's;  Doyles' ;  Thomp- 
son's; LuptonV;  Kisner's;  Lovett's;  Mrs.  Offutt's;  Stump's;  Fority;  Shersaid's  School- 
bouse;  Hash's;  Blair's;  Arnold's;  Piedmont. 

Hancock — Court-house;  Holliday's  Cove;  New  Manchester;  Aton's  School-house. 
Hnnocer — Court-house;    Hughes';    Jones'"  Crossroads;    Negrofuot;    Dentonsvillc;   Cold 
Harbor;  Ashland. 

Harrison — Court-house;  Shinnston;  Union  Meeting-house;  WestMilford;  Lumberport; 
Bridgeport;  Davis';   Lynch's;  Sardis;  Swisher's  Mills. 

Henrico — Court-hou.-e;  Kidd's;  Sweeney's;  Alley's?  Lovingsteine's;  Dick  man's; 
Hughes';  Walkerton;  Hungary. 

Henry — Court-house;  Rough  and  Ready;  Irisburg;  Oak  Level;  Leatherwood;  Kidg- 
way;  Horse  Pasture. 

Highland — Monterey;  Ruckmansville;  Wiley's;  Crab  Bottom;  Doc  Hill;  McDowell; 
Pullins'  School  house;   (iwiu's. 

Jackson — Ripley;  Click's;  Jones';  Range's.;  California;  Depue's;  Tliree  forks  of  Reedy, 
Tiumansville;    Ravenswood;  Squire  Slaveu's;  Murrayville;  Moor's  Mill;  McGrew's  Mill 
James  <ity — Court-house;  Burnt  Ordinary ;  York  River.    ' 
Jefferson — Eight  districts — Places  the  same  as  for  magisterial  elections. 
Kanawha — Court-house;    Fleetwood's;    Richards';    Bradley    Low's;    Atkinson's    Mill; 
Ahzs';  Gouts'  Mouth ;  Dog  Creek;  Givens';  Maiden;  Fork  Coal;  Harper's;  Gatewood's; 
Month  Sandy;  Brooks'  Store. 

King  Gear <t e — Court-house;  Hampstoad;  Clifton;  Sliiloh. 

King  Sf  Queen — Court-house;  Clark's  Store;  Stevensville;  Newtown;  Centrcville. 
King  iVilliain — Court-house;  Plain  Dealing;  Aylett's;  Lanesville. 
Lancaster — Court-house;  Litvvaltoh;  Kilmanock;  White  Stone. 

Leicis — Court  house;  McLaughlin's  Store;  Jane  Lew;  Freeman's  Creek;  Skin  Creek; 
Hall's  Stoie;  Leading  Creek;  Collins'  Settlement. 
Logan — Same  places  as  for  magisterial  elections. 

Lomloun — Court-house ;     Waforfoid;     Lovetsville;     Hillsborough;    Waters';    BurcelVa 
Store;  Suickersville;  Uiihm;  Midulcburg;  Mt.  Gilead;  Gum  Spring;  VVhaley's;  Goiesvilie. 
Louisa — Conrt-house;  Free  Union;  Hopkins' Mill;  Treviliau's;  Bell's  Crossroads;  Wal- 
ton's Tavern;  Terrell's  Store;  Pai'rish's  Store;  Fred'iickshall ;  Bunipass'  Turnout;  Thomp- 
son's Crossroads;  Isbell's  Store;   Hope's  Tavern ;  Gentry's  Store;  Cosby's  Tavern. 

Lunenburg — Court-house;  Brown's  Store;  Pleasant  Grove;  Knight  and  Oliver's  Mill; 
Lochlomoud;  Bagley's  Stoic;  Jordan's  Store. 

Madison — Court-house;  Stony  Hill;  Criglersville;  Huffman's  Mill;  Graves'  Mill;  Ra- 
pidan  Meeting  house;  Fleshman's  Shop;  Locust   Dale. 

Marion — Places  the  same  as  those  for  magisterial  elections,  and  at  Glover's  Gap. 
Marshall. — Court-house;  Pleasant  Hill;  Jones'   Hotel;   Bleak's  School-house;    Parsons' 
Precinct;  Mouth  of  Fish  Creek;  Sand  Hill;  Crossroad.-;  Smart's  School  house;  Burley's; 
Tenth's  School-house;  Big  Run;  Fair  View;  Linn  Camp. 

Mason — Court-house;  Berriage  Precinct;  Love  Precinct;  Barnett  Precinct;  West.  Co- 
lombia; Neaso  Precinct;  Eighteen  Mile  Precinct;  Giigg's;  Sixteen  Mile  Precinct;  Thir- 
teen Mile  Precinct. 


SEPARATE    ELECTION    PRECINCTS.  91 

Matthews — Same  places  as  for  magisterial  election.?. 

Mecklenburg — Court-house;  Jones';  Edmundson's;  Clarkes*  ille ;  Reeke's;  Overby's; 
Wright's;  Harwell's;,  Christiansville;  Gillespie's. 

Middlesex — Jamaica;  Saludo;  Sandy  Bottom. 

Mono  n  gal  in — Court-house;  Q-nsemanV;  Jones';  Osburn's;  Ross';  Lofter's;  Cassville; 
Cristiman's;  Laurel  Point;  Cox's;  Moore's  River;  Tenant's;  Dowail'*;  Warr<  n. 

Monroe — Court-house;  Dickson's;  Miller's  Store;  Roilingsburg;  Mrs.  Peck's;  lied  Sul- 
phur;  H;i\  lies';  Centreville. 

Montgomery — Courthouse;  Guerram's;  Peterman's;  Price's  Forks;  Keister's;  Crum- 
paeker's;  Lafayette;  Kent,  and  MeConkey's;  Kough  and  Ready;  Lovely  Moi 

Morgan — Court-house;  Lowe's;  Baker's;  Unger's;  Hume's;  Swann's;  Miller's. 

Nansemond — Court-house;  Hargrove's  Tavern;  Harrison's  Shop;  Holy  neck;  Chucka- 
tuck;  Sonuvrton;  Dardeu's  Store;  Cypress  Chapel. 

Nelson — Fortune's;  New  Maiket;  Faber's  Mill ;  Grepn field;  Massie's  Mill;  Roberts'. 

New  Kent — Court  house;  Barhamsvilie;  Chandler's  Store;  Ratcliff's  Tavern. 

Nicholas — Court-house;  Tayloi's;  Brown's;  Neil's;  Dunbar's;  Nutter's;  Sawyer's; 
Pierson's. 

Norfolk  City — Four  Wards. 

Norfolk  County — Court-house;  Glebe  School-house;  Sycamore's;  Deep  Creek;  School- 
house,  District.  No.  2;  School-house  in  Providence;  Pleasant  Grove  School-house ;  Butts' 
Road  School-house. 

Northampton — Court-house;  Bay  View;  Franktown;  Johnsontown  .  Capeviile. 

Northumberland — Court-house:  Lottsburg;  Burgess'  Store;  Wicomico. 

Nottoway — Court-house;  Jennings'  Ordinary;  Wilson  and  Jones';  Blaekfare. 

Orange — Courthouse;  Barbours  ville ;.  Thomas  "  Smith's ;  Thomas  Rhoade's;  Locust 
Grove. 

Page — Courthouse;  Honeyville;  Oakham;  George  Price's  Mill;  Springfield ;  Mobler's 
Mill;  Rjleysville;  Prunty's  Mill. 

Patrick — Court-house;  Robertson's;  Aldriige's  and  Lee's;  Peun's  Store;  Carter's  Store; 
Hancock's;  Elamsville;  Skusher's;  Connor's;  Shilor's;  Gates';  Minikin's. 

Pendleton — Franklin;  Harper's;' Riser's;  Vim's;  Cowyer's  Mill;  Mallow's;  Seneca; 
Cirelevilie. 

Petersburg— CoMro.  Ward  ;   East  Ward  ;  South  Ward  ;  West  Ward. 

Pittsylvania — Court-house;  Danville;  Spring  Garden ;  Whifme.il;  Cascade;  Smith's; 
Beaver's;  Ricevilte;  Rorer's;  Strail's  Store;  White's;  Laurel  Grove;  Chalk  Level; 
Monmau's. 

Pleasants — Court-house ;  Spring  Run;  Sugar  Creek;  Pine  Grove;  Hale's  Mill. 

Pocahontas — Four  districts — Places  of  election  the  same  as  lb>  magistrates. 

Powhatan— .-Court -house;  Clarke's  Mill;   Macon;  Sub'ett's. 

Preston — Brandon  ville;  Miller's;  Burners;  Feather's;  Summit  School  house;  Germany; 
Graham's;  Huddlesin's;  Kingwood;  Martin's;  Independence;  Evaiisville;  Nine's;  Funk's. 

Princess  Anne — Court-house;  Kemps  ville;  London  Bridge;  GaPpV  Shop;  Creed's 
Bridge;  Black  water. 

Prince  Edward — Court-house;  Marble  Kill;  Spring  deck;  Prospect";  FarmVille;  Ss/ody 
Riv.r. 

Prince  George — Court-house;  City  Point;  Lilley's  Sckeoi-house;  '.(utile's  Precinct; 
Harrison's  Stoie;  Templeton. 

1'rinci:  Williarn%7-l)a.m$c'uiS\  Cole's;  Occoqiiaii;  Reeve's;  Br<  ntsviile;  Kinchelon's ;  Haj- 
maiket;  Ludley. 

Vuli'ski — Courfrhouse;  Brown's;  Galbreath's;  Ruper's;  'i horn  Spring  Camp. 

Putnam — Court-house;  Bailey's;  Pncatalko;  Alexander's;  Rod  House;  Jones';  Hurri 
cane  Bridge;   Wheeler's;  Buffalo;  Eighteen  Mile  Precinct. 

Raleigh — Same  places  as  magisterial  elections. 

Randolph — Com?  House;   Pennington's;  Miuenr's;  Taylor's;  Kemp's;  Lee. 

Rappahannock—  Washington ;  Sjerryville;  Yates';  Amissville.;  Catherine  Deatheridgec 

Richmond  <  ity —  .leffersolu  Ward;  Madison  Ward  ;  Monroe  War>l. 

Richmond  County — Courthouse;  Stony  Hill;  Tavern  House;  Farnham  Church;  Lyell's 

Stole. 

Ritchie. — Karrisville;    Skeiton's;    Leedan's;    Ireland's;    Deems';    Rawgon's;     Tebbs'; 

Murphy's. 

Roanoke — Courthouse;  H\g  Lick ;« Cave  Spring;  Burnett's. 

Rockbridge — Court-house;  Brownsburg;  Fairfield;  Natural  Bridge;  Collierstown;  Kerr's 
Creek;  Trevey's;  Hamilton's  School-house;  Paxton's  School- house;  Wilson's  Shop;  Broad 
Creek;  Goshen. 

Rockingham — Harrisonburg;  Keezlefown;  MeGaneysville;  Conrad's  Store;  Sparrapolis; 
Heuti  n's  Mills;  Gordon's  Store;  Bowman's  Mill;  limber  ville;  Menonite  School-house; 
JSfidgewater;  Ottobine;  Witiig's  Store;  Sprinkle's  Store;  Taliaferro's  .store;  Port!  Re- 
public; Mount  Crawford;  Samuel  Coots'. 

Russell — Court-house;  Grizle's;  Pound;  Holly  Creek;  Guest's  Mountain;  Castlewood's ; 


92  SEPAEATE    ELECTION    PRECINCTS. 

Fugate's.;  Hanson's:  Aston 'a  Store;  Cook's  Mills;  Dorton's;  Baylor's  Store;  Gibson's; 
Hendriek's  Store. 

Scott — Court-house;  Wineger's;  Hart's;  Smith's;  Puilleng's;  Nickelsville;  Alley's; 
Osborne's, Ford;  Stony  Creek;  Peters';  Rye  Gove;  Carter's;  Neil's;  Roller's. 

Shendndoalir—  Court-house:  Strasburg;  Crossroads  Meeting-horrse;  Conner's  Church; 
Town  Hall;  Keller's  School-house;  Edinburg;  Columbia  Furnace;  Mount  Jackson; 
Crossroads  School-house ;  New  Market;  Forrestville. 

Smyth — Court-house:  Broad  Ford;  Hays';  Sanders';  St.  Clair's  Bottom;  Burton's 
Store;  Ashlin's;  Atkins'. 

Spotsylvania — Court-house*;  Fredericksburg;  Mount  Pleasant;  Andrews';  Chancellor's. 

Stafford — Court-house;  White  Oak;  Master's;  Tackett's  Mill;  Falmouth:  Coakley's; 
Harwood's ;  Acquia. 

Southampton — Comt-house;  Drewrysville;  Crosskeys ;  Joyner's;  Murfee's;  Black  Creek 
Church;  Berlin;  Faison's  Store. 

Surry — Four  districts — At  the  same  places  as  for  election  of  magistrates. 

Sussex — Court-house;  Comanu's  Mill;  Henry;  Stony  Creek;  Newville;  Owen's  Store. 

Taylor — Court-house;  Mahaney;  Reed's;  Claysville;  Knottsville;  Haymond's;  Fetter- 
man;  Grafton. 

Tazewell — Court-house;  Repass;  Tiffany's;  Mouth  of  Slate;  Gibson's;  Crabtree's; 
Litzeville;  Liberty  Hill;  Tugg. 

Tyler — Court-house;  Centreville;  David  John's ;  Hammond's;  Underwood's;  Dancer's; 
Sistersville;  Pleasant  Mills. 

Upshur — Court-house;  Reedy  Mills;  Simpson's  Mill;  Posty;  Marples;  Marshall's; 
Chesney's. 

Warren — Court-house;  Boyd's  Mill;  Bentonville;  Leary's  School-house;  Cedarville; 
Howellsville.  ' 

Warwick — Three  precincts — The  same  as  for  election  of  magistrates. 

Washington — Court-liouse;  Clark's;  Davis';  Waterman's;  Merchant's;  Gobble's;  Mills'; 
Worley's;  Williams';  Morell's;  Fullen's  School-house;  Clark's;  Kelly's  School* house*; 
Delasko  Mills ;  Ons';  Miller's;  Good  Hope;  Green  Spring. 

Wayne — William  Crum's.     (No  other  returned.) 

Westmoreland — Court-house;  Hague;  Warrensville ;  Oak-Grove. 

Wetzel — Court-house;  Forks  of  Proctor;  Knob  Fork;  Church's;  Cohom's;  Ice's; 
Wiley's  School-house.  , 

Williamsburg — Court-house. 

Wirt — Court-house;  Foster's;   Petty's. 

Wood — Precincts  at  the  same  places  as  election  for  magistrates. 

Wyoming — Court-house;  Cad's',  Rhincheart's;  McKinney's;  Bailey's;  Lester's. 

Wythe — Eight  districts — Precincts  at  same  places  as  ior  election  of  magistrates. 

York — Three  districts— Precincts  at  the  same  places  as  for  election  of  magistrates 


TABLE 

Showing  the  Times  for  the  Commencement  of  the   Regular  Terms  of  each  Circuity 
County  and  Corporation  Court, 


Counties 
and  corporations 


Accomack, 

Albemarle, 
Alexandria, 

Alleghany, 

Amelia, 

Amhemt, 

Appomattox, 

Augiuta, 

Barbour, 

Bath, 

Bedford, 

Berkeley, 

Boane, 

Botetourt, 

Braxton, 

Brooke, 

Brunswick, 

Buckingham, 

Cabell, 

Calhoun, 

Campbell, 

Caroline, 

Carroll, 

Charles  City, 
Charlotte, 
Chesterfield, 
Clarke, 


Clay, 

Craig, 

Culpeper, 

Curnbtrland, 

Dauville, 

Dinwiddle, 

Doddridge, 

Elizabeth  City, 

Essex, 

Fairfax, 

Fauquier, 

Fayette, 

Floyd, 

Fluvanna, 
Franklin, 
Frederick, 

Fredericksburg, 

Giles, 

Gilmer, 

Gloucester, 

Goochland, 

Grayson, 

Greenbrier, 

Greene, 

Greenesville, 


Circuit  courts. 
When  terms  commence. 


Circuits. 

5.  1st  Monday  in  May  and  1st; 

flay  of  November, 
10.    2d  Monday  in  May  ajid  Oct. 
9.   3d  Monday  in  May  and  2d 
Monday  in  November, 

14.  13th  April  and  September. 

2.  25fh  April  and  20th  Oct'r, 

10.  22d  March  and  August, 

3.  21st  April  and  September, 

11.  1st  June  and  November, 
21.  8th  May  and  October, 
11.  15th  May  and  October, 

4.  25th  April  and  September, 

13.  24th  April  and  September, 

15.  2d  Monday  after  4th  Mon- 

day'in  April  and  Sep'r, 

14.  1st  April  and  September, 

19.  27th  April  and  September, 

20.  18th  March  and  August, 

2  27th  March  and  2d  Oct'r, 
3.    5lh  April  and  September, 

18.  27th  March  and  August, 

19.  .12th  April  and  September, 

3.    18th  May  and  October, 
8.    1st  March  aud  18th  Sept'r, 

16.  Monday  before  hist  Monday 

in  March  and  August, 

6.  18th  May  and  November, 

3  25th  Mareh  and  August, 
2.   7th  May  and  12th  Nov'r, 

13.   12th  May  and  October, 


15.  1st  April  and  September, 

14.  15th  March  and  August, 
10.  1st  Monday  June  and  Nov. 

3.  5th  March  and  August, 

3.  22d  March  and  August, 

2.  20th  March  and  26th  Sept. 

19.  22d  May  and  October, 

6  15th  March  and  September, 

8.  25th  April  and  12th  Nov'r, 

9.  1st  Monday  June  and  Nov. 
9.  Tuesday  after  1st  Monday 

in  April  avid  September, 

15.  7th  June  aud  November, 

16.  1st  Monday  April  r.nd  Sept. 

10.    10th  April  and  September, 

4.  15th  May  and  October, 
13.    10th  Juue  and  November, 


15.  20th  May  and  October, 

19.    19th  April  and  September, 

6.    13th  April  and  October, 
10    1st  A]*il  and  September, 

16.  4th  Monday  April  and  Sept 
14.    1st  May  and  October, 

10.   3d  Monday  Jime  and  Nov. 

1.   28th  April  and  2d  Nov'r, 


County  and  corpora- 
tion courts. 
Monthly  terms. 


Last  Monday, 
First  Monday, 

Fourth  Monday, 
Third  Monday, 
Fourth  Thursday, 
Third  Monday, 
Thursday  after  1st 

Monday, 
Fourth  Monday, 
First  Monday, 
Second  Monday, 
Fourth  Monday, 
Second  Monday, 
Wednesday  after  2d 

Monday, 
Second  Monday, 
First  Tuesday, 
Last  Monday, 
Fourth  Monday, 
Second  Monday, 
Fourth  Monday, 
First  Tuesuay  >-.fcer 

4th  Monday, 
Second  Monday, 
Second  Monday, 

First  Monday, 
Third  Thursday, 
First  Monday, 
Second  Monday, 
Second  Monday  in 
June  aud  4th  in 
other  months, 
Secoud  Monday, 
Fourth  Monday, 
Third  Monday, 
Fourth  Monday, 
Thursday  sifter  2d 

Monday, 
Third  Monday, 
Fourth  Monday, 
Fourth  Thursday, 
Third  Monday, 
Third  Monday, 


County  and  corporation 
courts.     Quarterly  terms. 


March,  May,  August,  Novem. 
Do.     June,      do.  do. 

Feb'y,  May,  do.  do. 

March,  Ju«e,  do.  do. 

Do.     May,  do.  do. 

Do.     June,  do.  do. 


Do. 

May, 

do. 

do. 

Do. 

do. 

do. 

Octo'r. 

Do. 

June, 

do. 

Novem, 

Do. 

do. 

do. 

do. 

Feb'y, 

May,  July, 

do. 

March 

June, 

August 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Feb'y, 

May,  July, 

do. 

March 

do. 

f\U'*U8t, 

do. 

Do. 

do. 

do. 

do. 

Do. 

June, 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do 

do. 

do. 

Feb'y 

May, 

do. 

do. 

March 

June, 

do. 

do. 

Do. 

May, 

do. 

do. 

Do. 

June 

do. 

do. 

Do. 

do. 

do. 

do. 

Feb'y,  May,  July,  Octo'r. 
March,  June,  August,  Novem. 

Do.       do.        do.  do. 

Do.     May,       do.  do. 

Feo'y,     do.     July,  Octo'r. 

March,  June,  August,  Novem. 


Do. 
Do. 
Do. 
Do. 
Do. 


May, 
June, 
May, 
do. 
Juue, 


do. 
do. 
do. 
do. 
do. 


do. 
do. 
do. 
do. 
do. 


Fourth  Monday, 

Do. 

May, 

do. 

do. 

Thursday  after  2d 

Tuesday, 

Do. 

June, 

do 

do. 

Thursday  after  3d 

Monday, 

Do. 

do. 

do. 

do. 

Fourth  Monday, 

Do. 

May, 

do. 

do. 

First  Monday, 

Do. 

June, 

do. 

do. 

Monday  before  1st 

Tuesday, 

Do, 

do. 

do. 

do. 

Second  Thursday, 

Do. 

do. 

Octo'r 

Decern. 

Second  Monday, 

Do. 

do. 

August, 

Novem. 

Tuesday  af-er  3d 

Monday, 

Feb'y, 

do. 

do. 

do. 

First.  Monday, 

March 

May, 

do. 

do. 

Third  Monday, 

Do. 

do. 

do. 

do. 

Fourth  Monday, 

Feb'y, 

do. 

July, 

do. 

Fourth  Monday, 

March 

June 

August 

do. 

Wednesday  afler  2d 

Monday, 

Do. 

do. 

do. 

do. 

First  Monday, 

Bo. 

May, 

do. 

Octo'r 

94 


TIMES  AND  PLACES  OF  COURTS. 


Counties 

Circuit  courts. 

County  and  corpora- 
tion courts. 
Monthly  terms. 

C'>unty  and  corp 

oration 

avid  corporations. 

When  terms  commence. 

courts.     Quarterly  terms. 

Circuits 

Halifax, 

3. 

1st  .May  and  October, 

Fourth  Monday, 

March,  June,  Auj't 

Novem, 

Hampshire, 

13. 

1st  Apt  11  and  September, 

Pont  th  M  mdayv 

Do.      do.        do. 

do. 

Hancock, 

20. 

iOth  .March  and  August, 

Tuesday  after  2d 

Monday, 

Jan'y,  April,  June, 

October. 

Hanover, 

8. 

10th  March  and  26th  Sept, 

Fourth  Tuesday, 

F-b'y,  April,  July, 

Novem'r. 

Harrison, 

21. 

15th  Ayiil  and  September, 

First  Monday, 

March,  June,  Augu 

st,    do. 

Hardy, 

12. 

20t!)  April  and  Septe'mber, 

Monday  h  fore  1st 

Tuesday, 

Do,       do.         do. 

do 

Henrico, 

fi. 

23d  April  and  18th  October, 

First  Mo   day, 

Do.     May,       no. 

do. 

Hen  r  v, 

4. 

1st  April  and  September. 

Second  Monday, 

Do.     June,      do. 

do. 

Hi  gt)  land, 

12. 

2d  May  and  October, 

Thursday  after  3d 

Monday, 

Do.     May,       do. 

Octo'r. 

We  of  Wight, 

1. 

16  th  May  and  18th  0     obel 

F         S    mday 

Do.     June       d». 

Npvein. 

Jackson, 

18 

2d  May  and  October, 

Second  M  nday, 

Feb'y,    do.        do. 

do. 

James  Ciiy  and 

"Wi.liamsburg, 

6. 

25'h  Slav  and  NoT-e  i*h  -r. 

Second  Monday, 

March,    do,         do. 

Octo'r. 

JefftrsoD, 

•13. 

20th  May  and  October, 

Secnd  Monday  in 
June  aad  0  irober, 

3d  in  other  mouths, 

Do.       do,         do. 

do. 

Kanawha, 

18. 

27th  May  and  October. 

Third  Monday, 

Fei.'y,     do.        do. 

Novem. 

King  George, 

8. 

23d  March  and  I2rh  Sept. 

First  Thursday, 

March,    do.        do. 

do. 

King  &  Queen, 

8. 

2d  May  and  l°oh  Xov'r, 

Firs'  Thnrsd  ty, 

Do.     May,      do. 

do. 

King  William, 

8 

13th  May  and  25rh  Nov'r, 

Fourth  Monday, 

Do.       do.        d  ■>. 

do. 

Lancaster, 

8. 

15fh  Ajuil  and  2d  Nov'r, 

Third  Monday, 

Oo.       do.        do. 

do. 

Lee, 

17. 

2d  Monday  -after  "4th  Mon- 

day iti  April  and  Sept'r, 

-            - 

Do.     June,      do. 

do. 

Lewis, 

19. 

8th  May  and  October,  ' 

Second  Monday, 

April,      d  ..        do. 

Septent, 

Logan, 

15. 

1st  Monday  afrer  4th  Mon- 

day in  April  and  Sept'r, 

Third  Monday, 

March,    do.        do. 

Novem. 

Loudoun, 

si. 

4th  Monday  in  April  and  3d 

Monday  in  October, 

Second  Monday, 

Do.       do.         do. 

do. 

Louisa, 

10. 

20th  April  and  September, 

Second  Monday, 

D...       do.         do. 

do. 

Lunenburg, 

2 

13th  April  anttStfa  Oct'r, 

Second  Monday; 

Do.     May,       do. 

do. 

Lynchburg, 

3. 

3d  June  and  November, 

First  Monday, 

Do.     June,      do. 

Octo'r. 

Madison, 

10. 

1st  Monday  Mar.  and  Aug. 

F  mrtli  Thursday, 

Feb'y.     do.         do. 

do. 

Marion, 

21. 

10th  Jurfe.  and  Noveflib   . , 

Fir.-t  Monday, 

March,    do.        do. 

Novem. 

Marshall, 

20. 

1st  M*y  and  October, 

1'hird  Monday, 

Do        do.        do. 

do. 

Matthews, 

b". 

b'th  April  and  September, 

Se    >nd  Monday, 

Oo.     May,       do. 

do. 

Mason, 

18. 

18th  April  and  September, 

First  M'ond  iy, 

Feb'y,  June,      do. 

do. 

M-ckleaburg, 

2. 

2d  April  aad  I5lh  Sept'r, 

Third  Monday, 

Do.     May,       do. 

do. 

Mercer. 

15 

27 tb  May  and  October, 

Thursday  after  21 

Mm  day, 

March,  June,      do. 

do. 

McDowell, 

17 

ist  Monday  Mar.  and.  Aug, 

Second  Mot tday, 

D>.       do.         do. 

do. 

Middlesex, 

6. 

1st  April  and  October, 

Fourth  Wednesday, 

l>o.     May,       do. 

do. 

Monongalia, 

20. 

prif  and  (September, 

Fourth  Monday, 

Do.     June,      do. 

do. 

Monroe, 

14. 

12lh  May  and  October, 

Third  Monday, 

Do        do.         do. 

do. 

Montgomery, 

Ifi 

21  Monday  in  Ap  1  and  Sep. 

Firs;  Monday, 

Do        do.         do. 

do. 

Morgan, 

1.3 

irh  May  and  O  -lob-r, 

Fourth  Monday, 

Do.       do.       Sept 

do. 

Nansemond, 

15. 

With  April  and  12th  Oct'r, 

Second  Monday, 

D  >.       do.       Aug. 

do. 

Neljon, 

10. 

27th  April  and  September, 

Fourth  Monday, 

F.b'y,  May,  July, 

do. 

New  Kent, 

6. 

lOtli  May  and  November, 

Second  Thursday, 

March,    do.      Aug. 

do. 

Nicholas, 

15. 

6th  April  and  September, 

Mo-, day  before  21 

Tuesday, 

D  i.     Jane,      d  >. 

do. 

Norfolk  city, 

1. 

1st  June  and  15lh  N  >v'r, 

Fourth  Monday, 

Feb'y,  April,  July, 

October. 

Norfolk  county, 

1. 

1st  April  and  28;h  Sept'r,  • 

Third  Monday", 

March,  June,  Ang't 

Novem'r. 

Nor  I  ham  p: 

5. 

3d  Monday  ia  Ap'l  and  Sep. 

S  'cond  Monday, 

D>.       do.     Sep-. 

do. 

Northumberland, 

8. 

9tb  April  and  28th  Oct'r, 

Seem  1  Monday, 

Do.     M  tv,    Aug. 

do. 

Nottowav, 

2. 

20»h  April  and  loth  Oct'r. 

First  Thursday, 

D>.       do.         do. 

to. 

Ohio, 

20. 

lOih  May  and  October, 

Fir-t.  Monday, 

Feb'y,  July,  Sept'r 

Decern 

Orange, 

10. 

1st  May  and  October 

F  -unii  Monday, 

March,  May,  Aug't, 

Novem'r, 

Page, 

12. 

11th  April  and  S»pteinber, 

Fourth  Monday, 

Feb'y,     do.     July, 

do. 

Patrick, 

4. 

12th  April  and  September. 

Fourth  Monday, 

Do.      do.         do. 

Ax 

Pendleton, 

12. 

27th  April  and  September, 

Thursday  after  1st 

Tuesday, 

March,  June,  Sept'i 

do. 

Petersburg, 

2. 

22d  May,  16th  Novenib-  r, 

Third  Thursday, 

D  i.       do.         do. 

Decern. 

Pittsylvania, 

4. 

28th  May  and  October, 

Third  Monday, 

Do.      do.     August,  Novem. 

Pleasauts, 

W. 

3Cth  May  aod  October, 

Thursday  after  21 

Monday, 

Feb'y,  May,  July,  Oct 

Pocahontas, 

14. 

231  April  and  Septimh  r, 

First  Tuesday. 

March,  June,  Aug't 

N  •vein. 

Pewhatan, 

•  2. 

2.1  May  and  27th  October, 

First  Wednesday, 

Do.        do.        do. 

Octo'r. 

Preston, 

21. 

18th  March  an  i  Augu.  t, 

Second  Monday, 

Feb'y,  May,  July,  Nov 

Princess  Anne, 

1. 

25th  May  and  22d  Sept'r, 

Kir-it  Monday, 

March,  June,  Aug. 

do. 

Prince  Edward, 

3. 

15th  March  and  August. 

Third  M  mday, 

Feb'y,  May,  July. 

do. 

Prince  George, 

o 

17th  May  aod  12th  Nov'r, 

Second  Thursday, 

March,  do".     Aug't, 

do. 

Prince  William, 

9. 

2d  Monday  in  Slay  and  Oct. 

First  Monday, 

Do.     Juue,     do. 

do. 

Pulaski, 

ie 

3d  Monday  April  and  Sep 

Thursday  alter  1st 

• 

Monday, 

Do.       do.         do. 

do. 

Putnam, 

18. 

8'h  April  and  September, 

Fourth  M'nday, 

Do.       do.         do. 

do. 

Raleigh, 

15. 

3d  Monday  April  and  Sep. 

First  Monday, 

D  >.       do.         do. 

do. 

Randolph, 

21 

2Sth  May  and  October, 

Fourth  Monday, 

Do.       do.         do. 

do. 

TIMES  AND  PLACES  OF  COUKTS. 


95 


Conntips 

Circuit  courts. 

County  and  corpora- 
tion courts. 
Monthly  terms. 

County  and  corporation 

and  corporations. 

When  terms  comm»nce. 

cuurts.     Quarterly  terms. 

Cirr.u  its. 

Rappahannock, 

9. 

3J  Monday  in  March  and  1st 

Monday  in  October, 

Second  Monday, 

March,  May,  August,  Novem. 

Richmond  city, 

7. 

1st  May  and  November, 

s.-cond  Monday, 

Jan'y,  April,  July,  October. 

Richmond  co. 

& 

3d  April  and  231  October, 

First  Monday, 

March,  May,  August,  Novem. 

Ritchie, 

IS). 

15th  April  and  September, 

Tuesday  after  1st 
Monday, 

Feb'y,  J  tine,  .    do.           do. 

Roane, 

18. 

17th  May  and  October, 

First  Moud«y, 

Jan'y,  April,  July,  Septem. 

Roanoke, 

14. 

22d  March  and  August, 

Third  Monday, 

March   June,  Aug't,  Novem. 

Rockbridge, 

11. 

12th  April  and  September, 

Monday  before  1st 
Tuesday, 

Do.       do.         do.           do. 

Rockingham, 

12. 

11th  M-ty  and  October, 

Third  Monday, 

Feb'y,  May,       do.          do. 

Russell, 

17. 

4th  Monday  April  and  Sep. 

Tuesday  after  1st 
Monday, 

March,  Juno,     do.          do. 

Scott, 

17. 

3d  Monday  after4th  Monday 
April  and  September, 

Tuesday  after  2.1 
Monday, 

Do.      do.        do.          do. 

Shenandoah, 

19. 

30ih  March  and  August, 

Monday  before  2d 
Tuesday, 

Do.      do.        do.          do.. 

Smyth, 

17. 

1st  Monday  April  and  Sep. 

Tuesday  after  1st 
Monday, 

Do.       do.         do.           do. 

Southampton, 

1. 

21  May  and  7th  October, 

Third  Monday, 

Do.       do.         do.          do. 

Spotsylvania, 

8. 

20th  May  and  Hth  Oetoher, 

First  Monday, 

Do.       do.         do.          do. 

Stafford, 

9. 

4th  Menday  Mar.  and  Sept. 

Third  Wednesday, 

Do.      do.        do.  -       dj. 

Staunton, 

"~ 

Wednesday  after  1st 
.Monday, 

Feb'y,  May,  July,  October. 

Surry, 

1. 

10th  May  and  25th  Oet'r, 

Fourth  Monday, 

March,  do.     August,  Novem, 

Sussex, 

1. 

24th  April  and  29th  Oet'r, 

First  Tliursday, 

Do.      do.         do.        Oeto'r. 

Taylor, 

St. 

4lh  March  and  August, 

Fourth  Monday, 

Do.    June,    do.        Novem, 

Tazewell, 

17. 

Last  Monday  Mar.  and  Aug. 

Wednesday  after  1st 
Mondav, 

F«b'y,  May,  July,  October. 

Tucker, 

21. 

22d  May  and  October, 

Third  Monday; 

March,  June,  Aug't,  Novem. 

Tyler,   ' 

M. 

22d  April  and  September, 

Second  Monday, 

Do.       do.         do.           do 

Upshur, 

•a. 

4th  April  and  September, 

Third  Monday, 

Do.       do.         do.           do. 

Warren, 

12. 

25th  March  and  August, 

Third  Monday, 

Do.     May,       do.          do. 

Warwick, 

b\ 

2ist  March  and  September, 

Second  Mondty, 

Do.     June,      do.        Decern, 

Washington, 

17. 

21  Monday  April  and  Sep. 

Fourth  Monday, 

Do.       do.        do.       Novem 

Wayne, 

18. 

20th  March  and  August, 

Tuesday  after  1st 
Man  day, 

Do.      do.        do.          do. 

Webster, 

15. 

14th  April  and  September, 

Fourth  Tuesday, 

Do.      do.        do.          do. 

Westmoreland, 

8. 

28th  March  and  18th  Oet'r, 

Fourth  Monday, 

April,  May,        do.          do, 

Wetzel, 

30. 

12th  April  and  September, 

Tuesday  after  1st 
Monday, 

Feb'y,     do.        July,  October. 

Williamsburg, 

6. 

25th  May  and  November, 

Fourth  Monday, 

March,  June,  Aug't,  Novem, 

Winchester, 

_                    _  •■                 _ 

First  Saturday, 

D«.     May.      do.          do. 

Wirt, 

19. 

3d  April  and  September, 

Tuesday  after  4th 
Monday, 

Feb'y,  June,      do.          do. 

Wise, 

17. 

1st  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

Fourth  Monday, 

March,    do.        do.          do. 

Wood, 

19. 

5th  June  and  November, 

Third  Monday. 

Feb'y,     do.        do.          do. 

Wyoming, 

15 

4th  Monday  Apiil  aud  Sep. 

Friday  after  3d  Mon- 
day, 

March,    do.         do.          do. 

Wythe, 

16. 

l--t  Monday  May  and  Oet'r, 

Second  Monday, 

Do.       do.        do.          do. 

York. 

ti. 

2»ito  March  and  Septpmber\ 

Third  Mondav. 

Do      May.       do.         Oetn'r. 

RECEIPTS. 


1862. 

Oct.      1,  To  balance,  per  last  annual  report,  -                   -                   -  434,778  96. 

To  receipts  in  October  1862,  -                   -                   -  2,576,089  71 

Nov.          To      do.      in  November  1862,  -        *                               -  1,092,624  27 

Dec.          To      do.      in  December  1862,  -                    -  2,355,626  82 


$6,459,119  76 

1863. 

Jan.      1,  To  balance  brought  down,  -  -  -  1,910,236  74 

To  receipts  in  January  1863,  -  -  -  3,262,429  27 

Feb.          To      do.      in  February  1863,  -  -  -  567,734  23 

March       To      do.      in  March  1863,  -  -  -  778,340  27 


$6,518,740  51 


April     I,  To  balance  brought  down,  -  -  -  606,139  84 

To  receipts  in  April  1863,  -  -  -  435,234  35 

May          To      do.      in  May  1863,  -  -  -  1,273,203  05 

June         To      do.      in  June  1863,  -  M  -  -  1,668,108  23 

$  3,982,685  47 

July      1,  To  balance  brought  down,  -  -  -  2,287,223  35 

To  receipts  in  July  1863,  -  -  959,846  71 

Aug.         To      do.      in  August  1863,  -  -  -  580,616  68 

8ept.         To      do.      in  September  1863,  -  -  -  825,141  92 

$4,652,828  66 

Oct.      1,  To  balance  against  the  treasurer  this  day,  exclusive  of  the  funds 

under  the  direction  of  the  second  auditor,  -  -   $1,377,868  95 


DISBURSEMENTS. 


By  amount  of  warrants  paid  in  October  1862, 
By  do.  do.      in  November  J  862, 

By  do.  do.      in  December  1862, 

Balance  December  1862, 


2,739,186  65 
700,911  93 

1,108,784  44 
1,910,236  74 

$  6.459,119  76 


By  amount  of  warrants  paid  in  January  1863, 
By  do.  do.      in  February  1863, 

By  do.  do.      in  March  J  863, 

Balance  March  1863, 


4,950,341  49 

708,168  04 
254,091  14 
606,139  84 


;  6.518.740  51 


By  amount  of  warrants  paid  in  April  1863, 
By  do.  do.      in  May  1863, 

By  do.  do.      in  June  1863, 

Balance  Jane  1863, 


382,775  37 

130,501  77 

1,182,184  98 

2,287,223  35 

$3,982,685  47 


By  amount  of  warrants  paid  in  July  1863, 
By  do.  do.      in  August  J  863, 

By  do.  do.    ■  in  September  1863, 

Balance  September  1863, 


3,051,739  21 

77,717  33 

145,503  17 

1,377,868  95 


$  4,652,828  66 


Total  amount  of  warrants  issued  by  the  auditor  from  the  1st  October  1862 

to  the  30th  September  1863,  inclusive, 
Add  warrants 


Nos.  5073, 
6625, 
6638, 
6687, 
6752, 
6791, 
6847, 
6559, 


Deduct  warrants  Nos.  2907, 
5405, 
5450, 
5576, 
5579. 
5580, 
5581, 


766  00^ 
520  99 

21  00  I 

25  00  i  Issued  prior  to  the  1st  Oct.  1862, 

15  96  f 


100  00 
28  00  J 
19  00J 


and  paid  since  that  day, 


25  00  ^ 

108  80  | 

131  04  I  Issued  prior  to  the  1st  Oct.  1863, 

75  00  }     and  unpaid  on  the  morning  of 
2,678  05        that  day, 
515  95  I 

68  50  J 


Paid  by  the  treasurer  in  the  fiscal  year  1862-3, 


15,434,770  25 


737  61 


15,435,507  86 


3,602  34 


M 5,43 1,905  52 


Auditor's  Office,  October  1863. 


ADDRESS  TO   SOLDIERS   OF. 
VIRGINIA. 

Address,  79-83 

Resolution  for  publication  of,  83 


ADJUTANT  GENERAL. 
Salary  of, 
Of  qlerk  in  office  of, 

APPROPRIATIONS. 
General  appropiation  bill, 

First  year  ending  October  I8S4 : 
Civil  department, 
Military  department, 
Annuities  and  similar  claims, 
-Criminal  charges, 

Second  year  ending-  October  1855: 
Civil  department, 
Military  department, 
Annuities  and  other  claims, 
Criminal  charges, 

ARMORY. 

Act  for  lease  of  land  near, 

ARMY  AGESTCY. 
Act  to  establish, 
Agent,  how  appointed. 
Duty  of  agent, 
Where  agency  located, 
Clothing,  how  supplied, 
Lodging  for  soldiers, 
Transportation  of  goods, 
Agent  may  employ  clerks, 
Compensation  of  agent. 
Subsistence  and  lodging, 
Band  of  agent, 
Appropriation, 
Certain  sections  of  act  of  18G3  repealed, 

ARREST  OF  DESERTERS. 

Act  of  18(53  amended, 

Duty  of  justices, 

Deserter,  how  committed, 

Slate  forces,  haw  called  out, 

Power  of  officers, 

Failure  to  discharge  duty, 

When  deemed  a  misdemeanor, 

Jn  case  jail  is  insecure, 

Duty  of  presiding  justice, 

Court,  how  convened, 

Patrol,  how  called  out, 

Orders  of  court,  how  certified, 

Act  to  be  given  in  charge  to  grand  juries, 

ARTILLERY,* 

Act  for  protection  of  state, 


4-5 


6 

6-7 


48 


22 


ASHLAND. 
Act  to  amend  charter  of, 
Charter  amended, 
Powers  of  president  of  council, 
Of  sergeant, 


67 
67 

67 
67 


ASSISTANT  KEEPERS  OF  PENI- 
TENTIARY. 
Salary  of,  27-3 

ATTORNEY  GENERAL. 

Salary  of,  25 

ATTORNEYS  FOR  THE  COMMON- 
WEALTH. 
Act  to  increase  pay  of,  29 

Allowance  to,  29 

In  Richmond,  Lynchburg  and  Peters- 
burg, 23 

AUDITOR  OF  PUBLIC  ACCOUNTS. 


Salary  of, 


20 


BAKER,  R.  P. 

Act  for  relief  of  sureties  of, 

74 

Sureties  released, 

74 

Sheriff  not  released. 

74 

BALL,  WILLIAM  B. 

Act  for  relief  of, 

76 

Claim  released, 

73 

BANKS. 
Act.  as  to  debts  payable  to,  in  enemy's 

lines,  48-9 

When  debts  due  to,  may  be  paid,  48 

Proviso,  49 

BANK  OF  PETERSBURG, 
Act  to  increase  capital  of,  73 

Capital  stock  increased,  73 

BIBB.  R.  F.  &  D.  G. 

Act  for  relief  of,  74-5 

Preamble,  74 

Parties  released,  ,                75 

BOARD  AND  LODGING  OF  JURORS. 

See  Jurors. 

BOARD  OF  PUBLIC  WORKS. 
Act  to" authorize,  to  increase  rates  of  toll 

on  rail  roads,  &c.  35-7 

See  Rates  of  toll. 
Joint  resolution  giving  instructions  to,       88 


100 


INDEX. 


BONDS  AND  OTHER  SECURITIES 
OF   COUNTIES. 

Act  to  ratify  issue  and  sale  of,  46 

Justices  to  be  summoned,  46 

Order,  how  entered,  46 

Under  what  acts  of  assembly,  46 

Ratification  to  relate  back,  47 


87 


Criminal  jurisdiction, 
Terms  of  courts. 


46 
46 


BRIDGE  WATER. 

Act  to  amend  charter  of, 
Corporate  limits  extended, 
Powers  of  mayor, 
Of  sergeant, 

CAMP  LEE. 

Joint  resolution  as  to  treatment  of  con- 
scripts at, 

CARRYING  SLAVES  ON  BOATS. 
See  Slaves  ou  boat*. 


CATAWBA  RAIL  ROAD  COMPANY. 

Act  to  incorporate,  *  66 

Company  incorporated,  66 

Capital,  H6 

CENTRAL  LUNATIC  ASYLUM. 

See  Treasurer  of  Central  lunatic  asylum. 

CHANGES  IN  CODE. 

As  to  election  of  judges,  51 

Allowance  to  jurois,  51-2 

Service  of  process,  52 

Fees  of  commissioners  in  chancery,  52 

Concerning  patrols,  53 

Sheriffs  and  commissioners,  53 

Insurance  on  tobacco,  53-4 

Sale  of  slave  convicts,  54 

Punishment  of  free  negro  convicts,  54 

Harboring  slaves,  55 

Appointment  of  directors,  &c.  55 

County  levies,  55 

Clothing  for  lunatics,  56 

Funds  of  lunatic  asylum,  56 

Virginia  military  institute,  56-7 

Church  property,  57 

Charges  by  boats  and  boat  owners,  39 

CHARLOTTESVILLE. 

Act  to  amend  charter  of,  66 

Charter  amended,  66 

Powers  of  council,  66 

CHARLOTTESVILLE  SAVINGS  BANK. 

Act  to  reduce  directors  of,  73 


CHEROKEE  INDIANS. 

Act  as  to  transfer  of  bonds  held  for, 
See  Transfer  of  bonds. 

CHURCH  PROPERTY. 

Act  concerning, 
Code  amended, 
Amount  of  land  to  be  held, 


9-10 


CIRCUIT  COURT  OF  DANVILLE. 

Act  extending  jurisdiction  of,  45-6 

Act  amended,  45 

Court  established,  45 

Its  powers,  45 


CIVIL  RIGHTS  AND  REMEDIES. 

Act  to  extend  time  as  to  exercise  of,  41 

See  Limitations. 

.CLERICAL  ERROR. 

Resolution  for  correction  of,  88 

CLERK  OF  CIRCUIT  COURT  OF 
RICHMOND. 

Act  to  increase  salary  of,  30 

CLERKS  OF  COMMITTEES. 
Compensation  and  duties  of,  27 

CLERKS  OF  COURTS. 

See  Fees  of  clerks  of  courts. 

CLERKS  OF  COURT  OF  APPEALS. 
Salaries  of,  25 

CLERK  HOUSE  OF  DELEGATES. 

Salary  and  duties  of,  27 

CLERKS  IN  OFFICE  OF  FIRST 

AUDITOR. 

Their  salaries,  26 

CLERKS  IN  OFFICE  OF  SECOND 
AUDITOR 

Their  salaries,  26 

CLERKS   IN  OFFICE   OF  REGISTER. 

Salaries  of,  27 

CLERKS  IN  OFFICE  OF  SECRETARY 

OF  COMMONWEALTH. 
Salaries  of,  27 

CLERKS  IN  OFFICE  OF  TREASURER. 
Salaries  of,  26 

CLERK  JOINT  COMMITTEE  ON  SALT. 

Act  to  compensate,  28-9 

CLERK  SENATE. 
Salary  and  duties  of,  27 

CLINCH  RIVER. 
Act  to  make,  lawful  fence.  73 

COMMERCIAL  AGENCY. 

Act  creating,  33-5 

State  agency,  33 

Commercial  agent.  33 

Bond  of,  33 

Not  to  be  interested,  33 

Storehouse,  33 

Requisition  on  factories,  34 

Penalties,  34 

Duties  of  agent,  34i 

Goods,  how  sold.  34 

Agents  of  county  courts,  34 

In  case  of  presence  of  enemy,.  34 

Bonds  required,  34 

What  counties  may  receive,  34 

Powers  of  agent,  how  revoked,  34 

Money,  how  paid  in,  34 


INDEX. 


Appropriation,  34 

When  may  be  withdrawn,  34 

limitation  of  amount,  35 

Report  of  agent,  35 

Commissioner  to  examine  accounts,  35 

Salary  of  agent.  35 

Of  his  clerks,  35 

COMMISSIONERS  IN  CHANCERY. 
Act  concerning  fees  of,'  52 

COMMISSIONERS   OF  REVENUE. 
Act  allowing,  to  be  employed  by  con- 
federate government,  53 

COMPENSATION  OF  GENERAL 
ASSEMBLY. 
See  General  assembly. 

CONFEDERATE  STATES  PORCELAIN 
COMPANY. 

Act  to  incorporate,  65 

Company  incorporated,  65 

Powers,  65 

Capital,  65 

CONFEDERATE  TREASURY  NOTES. 

Act  as  to  receipt  of,  in  payment  of  public 

clues,  8 

What  notes  to  be  received,  8 

Notes  issued  prior  to  1st  April  1864,  8 

When  discounted,  8 

Notes,  how  received,  8 

When  to  be  paid  in,  8 

Oath  of  officer,  8 

Act  of  September  1863  repealed,  '  8 

Act  to  be  published,  8 
See  Funding  and  conversion. 

CONSCRIPTS. 

See  Camp  Lee. 

CONVERSION. 

See  Funding  and  conversion. 

I 

COTTON,  COTTON  YARNS,  ETC. 
Act  for  purchase,  &c.  of,  33-5 

See  Commercial  agency. 

COUNTY  COURTS. 

Act  to  authorize,  to  change  place  of 

session,  46 

How  place  of  session  changed,  46 

Provision  for  poor,  46 

COUNTY  LEVIES. 

Act  in  relation  to,  55 

Code  amended,  55 

How  assessment  made,  .  55 

Basis  for  levy,  55 

COURT  OF  APPEALS. 

Act  to  change  place  of  session  of,  45 

Act  of  18o3  amended,  45 

Court,  where  held,  45 

Library  may  be  removed,  45 

Appropriation,  45 

DAHLGREN  RAID. 

Resolution  as  to  testimony  as  to,  84 


DANVILLE. 

Act  as  to  acquisition  of  lands  by  coun- 
cil of, 
Purposes, 

DAVIS,  MADISON  J. 

See  Urqubart,  A.  B. 

DEBTS   DUE  TO  BANKS. 

See  Banks. 


68 
68 


See 


DESERTERS. 

Arrest  of  deserters. 


DESTRUCTION  OF  ENCLOSURES,  &c. 
See  Enclosures,  etc. 

DIRECTORS  AND  PROXIES. 

Act  as  to  appointment  of,  55 

Code  amended,  5*5 

How  appointed,  55 

DISABLED  SOLDIERS. 

See  Education  of  disabled  soldiers. 

DIXIE  BOYS. 

Act  for  payment  of,  78 

Auditing  board  to  settle  citiiin,  78 

Auditor  to  issue  warrant,  78 

DOORKEEPERS  OF  SENATE  AND 
HOUSE  OF  DELEGATES.   * 

Compensation  of,  27 

DOUGLAS,  WILLIAM  R.  C. 

Act  for  relief  of,  75 

DUNN,  LEE  A. 
Act  for  payment  of,  75 

DUTIES  AND  LIABILITIES  OF  RAIL 
ROAD  AND  EXPRESS  COMPANIES. 

Act  declaring  certain,  35-7 

See  Rates  of  toll. 

EDUCATION  OF  DISABLED 
SOLDIERS. 

Disabled  soldiers  to  be  educated  at  uni- 
versity, 29-30 

ELECTION  OF  JUDGES. 

Code  as  to,  amended,  51 

Election  postponed  during  war,  51 

ELECTION  OF  STATE  SENATORS. 

Preamble  and  resolution  as  to,  in  2d  and 
31st  districts,  86 

ENCLOSURES,  ETC. 

Act  to  prevent  destruction  of,  57 

What  to  constitute  misdemeanor, '  57 

Justice  to  issue  warrant,  57 

ENGINEER  OF  SALT  WELLS. 

Act  to  compensate,  28-9 

ENGLEMAN,  PETER. 

Act  for  relief  of,  74 

Amount  appropriated,  74 


102 


INDEX. 


EXEMPTION  OF  STATE  OFFICERS. 

Joint  resolution  as  to,  83-4 

Claim  of  state,  83 

Legislative,  83 

Executive,  83 

Judicial,  83 

Public  establishments,  84 

Powers  atid  duties  of  governor,  84 

EXPRESS  COMPANIES. 

Duties  and  liabilities  of,  35-7 
See  Kates  of  toli. 

FACTORIES,  COTTON. 

Requisitions  on,  34 

FAMILIES  OF  SOLDIERS. 

Act  for  relief  < > f "T '  i t i  enemy's  lines,  24-5 

Amount  appropriated,  24 

Commissioners  appointed,  24 

To  Whom  funds  to  be  distributed,  24 

Bond  of  agents,  24 

Proviso,  24 

Funds,  how  raised,  25-5 

Bank  notes,  how  obtained,  25 

Payments,  how  made,  -     25 

Proceedings  to  be  reported,  25 

FARMERS    AND   MECHANICS   INSU- 
RANCE COMPANY  OF  RICHMOND- 

Act  to  amend  charter  of,  62 

Charter  amended,  ("52 

Capital,            .  G2 

FEES  OF  CLERKS  OF  COURTS. 

Act  authorizing  increase  of,.  31 

Commencement  and  duratioD,  3i 

FEES  OF  CLERKS  OF  COURTS  FOR 
CERTAIN  SERVICES. 

In  case  of  felony,                              ,  31 

{Services  to  public,  31 

Allowance  by  court,  31 

FEMALE  SLAVE.  CONVICTS, 
See  Slave  convicts. 

FENCE  LAW. 

Act  as  to,  amended,  40 

Counties  included,  49 

FIDUCIARIES'  ACCOUNTS. 

Act  for  settlement  of,  in  certain  cases,  42-3 
How  settled  in  counties  in  power  of 

enemy,  42 

Publication,  42 

Jurisdiction  of  courts,  42 

Recordation  of  instruments,  42 

Accounts,  how  settled,  42 

Where  returned  and  recorded,  43 

Penalty,  43 

Duty  of  clerk,  43 

FREE  NEGRO  CONVICTS. 

Act  for  jiunislniunt  of,  54 

Code,  amended,  54 

What  deemed  felony,  54 

FREE  NEGROES. 

Resolution  as  to  employment  of,  85 


Pienmble, 

Duty  of  governor, 


m 

85 


FUNDING  AND  CONVERSION. 

Act  as  tq,  8-9 

Commission  appointed,  $ 

Notes,  how  funded,  | 

Bonds,  how  sold,  <J 

When  notes  to  be  converted,  3 

Report  of  proceedings,  0 

GAMING. 

Act  of  1813  amended,  43 

Penalty  for  exhibiting  faro,  43 

Infamous  offence,  43 

Whipping,  44 

Forfeiture  of  property,  41 

Seizure,  how  made,  41 

Proceeds,  how  distributed,  44 

Commonwealth's  attorney,  44 
Penalty  for  renting  house  or  hiring  slave,     44 

Forfeiture,  -54 

Safe- keeping  of  property,  44 

Bond  for  release  of  slave,  '  44 

Witnesses,  how  attached,  41 

GENERAL  ASSEMBLY. 

Compensation  of  members,  .  '                25 

Resolution  lor  Convening,  88 

GILLETT,  JOSEPH  E. 

See  Crquhart,  A.  B. 

GOVERNOR. 

Compensation  of,  25 

HARBORING  OR  EMPLOYING 
SLAVES. 

Act  as  to,  55 

Cede  amended,  \-~y 

Harboring  slaves,  -               :",") 

Proviso',  55 

HARDY  COAL  MINING  COMPANY* 

Act  to  incorporate,  Xi5 

Company  incorporated,  65 

Powers,  65 

Land,  65 

Capital,  65 


HEISKELL,  JOHN  C. 

Act  for  relief  of, 


73 


HENRICO  MANUFACTURING  COM- 
PANY. 
Act  to  incorporate,  63-4 

Company  incorporated,  63 

Powers ;  capital,  64 

HUNDLEY,  THOMAS  M. 

Act  for  relief  of,  77 

Auditor  to  issue  warrant,  77 

l'roof  to  be  furnished,  77 

IMPRESSMENTS. 
Act  as  to  posse  comitatus  to  enforce,  44 

IMPRESSMENT  OF  SALT  WELLS, 
FURNACES,  ETC. 
See  Salt. 


INDEX. 


103 


INDEBTEDNESS  TO  COMMON- 
■  WEALTH,  . 
Act  aufhoi  izing  rail  road  and  other  cor- 
porations to  pay,  37 
How  may  be  paid,  37 

INDIGENT  SOLDIERS  AND  SAILORS. 
Act  to  amend  act  as  to,  48 

Third  section  amended,  48 

Sojourners  and  refugees,  48 

Accounts,  how  paid,  48 

INGBAHAM,  A.  G. 
Act  for  relief  of,  7f> 

Amount,  76 

INSURANCE  ON  TOBACCO. 

Act  to  repeal  act  authorizing',  53-4 

Code  amended,  53 

Liabiiiiy  of  inspector,  53 

INTERNAL  IMPROVEMENT  COM- 
PANIES. 

State  subscription  to  certain,  repealed,    38-9 


JAILORS'  FEES. 
Act  concerning, 
Hnw  fixed  by  court, 
From  what  time  to  be  paid, 

Proviso, 

Act  of  1863  continued, 


JAMES  RIVER  AND  KANAWHA 
COMPANY. 

Act  to  authorize,  to  regulate  tolls,  39 

JUDGES. 

See  Eleetionof  judges. 

JUDGES  OF  COURT  OF  APPEALS. 

Salaries  of,  25 


JUDGES  OF  CIRCUIT  COURTS- 

Salaries  of, 


26 


JURORS. 
Act  as  to,  in  ciimiual  cases, 
Code  ami  nded, 
Board  and  lodjrinjr, 

Y>  ■     ■  &        &V    ..  .    . 

JrroviMon  as  to  certain  cities, 

,    LEASE  OF  LAND. 
Act  as  to,  near  armory, 

LIMITATIONS. 

Act  as  to,  amended, 

Limitation, 

See  Civil  rights  and  remedies. 

LOSSES  OF  PROPERTY. 

Resolution  as  to, 

LUNATICS. 
Act  as  to  clothing  of, 
Code  amended, 
Allowance  '('or  clothing, 
Application  (o  asylum, 

MAYO'S  BRIDGE. 
Act  to  amend  act  regulating  tolls  on, 


51 -y 
52 
52 

52 


Rates  of  toll, 
Penal  tu  s. 


70 
70 


MEETING  OF  GENERAL  ASSEMBLY. 
Resolution  as  to,  83 


MILITIA. 
Act  for  organization  of  19th  regiment 

of, 
Examining  boatd, 
Mow  composed, 

MILITIA  OF  THE  LINE. 
Act  to  disband  179th  regiment  of, 

MILITIA  OFFICERS. 
Act  vacating  commissions  of, 

MORGAN,  WILLIAM  J. 
Act  for  relief  ot, 
Amount  appropriated, 

MURRAY,  B   F. 

Resolution  for  relief  of, 

NAVIGATION  COMPANIES. 
Act  to  regulate  charges  on, 
How  charges  prescribed, 
Penalties,  how  imposed, 
How  recovered* 

NINETEENTH  REGIMENT. 
Commissions  of  officers  not  vacated, 
Act  for  organization  of, 


20-21 
20 
20 


20-23 


74 
74 


87 


39 
30 
39 
29 


20 
20-2.1 


NOTICES. 
Act  prescribing  mode  of  serving,  in  cer- 
tain cases,  43 

NORFOLK  CITY. 

See  Raleigh  and  Gaston  fail  nsad  company. 


Who  may  hold, 
Proviso. 


OFFICE. 


53 

53 


ORDER  OF  PUBLICATION, 

See  Process. 

ORDINARY  LICENSE. 


48 

Art  to  prohibit  granting  of, 
Where  not  to  he  granted, 
Confiscation  and  sale, 

47 
41 

41 
41 

PAGES  OF  SENATE  AND  HOUSE  OF 

DELEGATES. 
Act  to  increase  pay  of,                                  28 
Pay  of,                                                             28 

83 

PATROLS. 

Act  concerning, 
Compensation  of, 

53 

53 

56 
56 
56 
56 

70 

PAY  OF  "SOLDIERS. 

Resolution  as  to, 

67 

PENITENTIARY. 

Act  reorganizing, 
Property  attached  to  penitentiary, 
1  in  whose  custody, 

14-20 
14 
1* 

104 


INDEX. 


Where  prisoners  to  be  employed  out  of 

the  penitentiary, 
Penitentiary  continued, 
Confederate  States  prisoners, 
Proviso, 

Annual  examination, 
Governor  to  prescribe  rules,  . 
Printed  copies,  how  posted. 
Record  of  conviction  to  be  kept, 
Property  of  convicts, 
Committee  to  give  bond, 
Committee  may  be  sued. 
To  render  account, 

To  deliver  estate  on  discharge  of  convict. 
When  estate  to  be  committed  to  sheriff 

or  sergeant. 
How  estate  of  convict  may  bo  sold, 
Treatment  of  new  convicts, 
Money  of  convicts,  how  disposed  of, 
Convict  to  subscribe  to  rules, 
How  employed, 
How  kept  and  clothed, 
Labor  of  convicts, 
Social  intercourse, 
Tbeir  diet, 

Accounts  for  diet,  how  certified. 
Washing  and  whitewashing, 
Governor  to  prescribe  hours  of  labor. 
Time  and  condition  of  visiting  prison, 
When  convicts  allowed  to  walk  in  yard, 
When  to  be  employed  on  public  grounds, 
Locked  in  cells  on  Sunday  and  at,  night, 
Punishment  for  misbehavior, 
What  allowed  prisoner  on  discharge, 
Duties  of  surgeon,    '■ 
Hospital, 

Report  of  condition  of  sick, 
Who  allowed  to  visit  penitentiary, 
Repair  of  buildidgs,  &c. 
Price  of  manufactures,  how  fixed, 
Commission  of  investigation,  how  ap- 
pointed,   •», 
Witnesses,  how  summoned. 
Compensation  of  witnesses, 
Oath  of  interior  guard  and  officers. 
Duties  of  public  guard, 
Allowed  to  carry  arms. 
Trade  with  convicts  prohibited, 
Clerk  of  penitentiary,  his  duties, 
Residence  of  superintendent, 
Power  of  superintendent  to  appoint 

assistants, 
Delivering  clerk  and  gate  keeper, 
Acting  superintendent,  how  designated, 
Proceeds  of  sales,  how  paid  into  trea- 
sury, 
Duty  of  auditor  to  report  failure, 
Governor  may  suspend  superintendent, 
Advancement  to  superintendent,  how 

made, 
Purchasing -clerk,  his  duties, 
Duties  of  rail  roads  as  to  transportation, 
Work  for  lunatic  asylums, 
Receipt,  how  furnished, 
General  annual  account, 
Commission  to  audit  account, 
Force  of  public  guard,  how  commanded, 

19-20 
Convicts,  how  guarded  outside  of,  20 

Of  the  interior  guard,  20 


14 
U 

U 
14 
14 
15 
15 
15 
15 
15 
1"> 
15 
15 

15 
15 
15 
15 
15 
15 
16 
16 
i.; 
16 
16 
16 
16 
16 
16 
16 
16 
16 
16 
16 
16-17 
17 
17 
17 
17 

17 
17 
17 
17 
17 
17 
17 
18 
18 

18 
18 

,      18 

18 
18 
18 

19 

1? 
19 
19 
19 
19 
19 


Reward  for  prisoners, 
Bond  of  superintendent, 

PETERSBURG. 

Act  to  amend  charter  of, 

Charter  amended, 

Elections,  how  conducted, 

Officers,  how  appointed, 

Writers, 

Polls,  how  kept. 

Tickets, 


20 
20 


66-7 
66 
67 
67 
67 
67 
67 


PORTERS   SENATE  AND   HOUSE  OF 
DELEGATES. 

Act  to  increase  pay  of,  28 

Pay  of,  28 

PORTSMOUTH. 

Preamble  and  resolution  as  to  arrest  of 

citizens  of,  84-5 

Preamble,  84 

Attention  of  authorities  of  confederate 
government  invoked,  85 

POSSE  COMITATUS 

Act  to  authorize  summons  of,  to  enforce 
impressments,  44-5 

PREPAYMENT  OF  TARE. 

See  Troops  and  munitions  of  war. 

PRESERVATION  OF  RECORDS 

Act  as  to,  in  Warwick,  &c.  72 

Preamble;  records,  72 

Compensation,  73 

PRESIDENT  OF  SENATE 
Compensation  of,  25 

PRINCE,  W.  E 

Act  for  relief  of,  76 

Amount,  76 

PRINTER  OF  SENATE 
Act  to  increase  salary  of,  30 

PROCESS 

Act  concerning  service  of,  52 

Process,  how  served,  52 

Order  of  publication,  52 

Unknown  parties,  52 

PRODUCTION  AND  DISTRIBUTION 
OF  SALT. 

See  Salt. 

PROPERTY  DESTROYED  BY  ENEMY. 
Resolution  as  to,  88 

Losses  to  be  reported  to  auditor,  88 

Auditor  to  report  to  general  assembly,         88 

PROVISION  FOR  POOR 

See  County  courts. 

PROXIES. 

See  Directors  and  proxies. 


RAIL  ROADS. 

Duties  and  liabilities  of, 
See  Rates  of  toll. 


35-7 


INDEX. 


105 


RAIL  ROAD  AND  OTHER  COM- 
PANIES. 
Act  authorizing-,  to  pay  indebtedness  to 
state,  37 

RALEIGH  AND  GASTON  RAIL  ROAD 
COMPANY. 

Act  for  collection  of  dividends  due  to 

Norfolk  city  by,  50-51 

Agent  appointed,  50 

Duties  of  agent,  50 

How  to  be  expended,  51 

Report  to  auditor,  51 

Guarantee  of  state,  51 

Bond,  bow  given,  51 


RATES  OF  TOLL. 

Act  to  increase,  on  rail  road  and  other 

companies, 

35-7 

How  increased. 

35 

Tariff, 

35 

How  revised, 

35 

Power  of  board  of  public  works, 

35 

Lights,  fire  and  water, 

35 

Penalties, 

35 

Ticket  offices, 

36 

Connecting  roads, 

36 

Power  of  board  of  public  works, 

36 

Exigencies  of  military  service, 

36 

Through  tickets. 

36 

Loss  of  baggage, 

36 

Liability  of  company, 

36 

How,  if  company  dissatisfied, 

36 

As  to  express  companies, 

37 

Packages,  for  soldiers, 

37 

Duties  of  express  companies, 

37 

Fines  for  failure, 

37 

Liability  as  common  carriers. 

37 

RATIFICATION  OF  ISSUE  AND  SALE 

OF  COUNTY  BONDS. 
See  Bonds  and  other  securities  of  counties. 

RECORDS. 

See  Preservation  of  records. 

REGISTER  OF  LAND  OFFICE. 

Salary  of,  27 

REPORTER  OF  COURT  OF  APPEALS. 

Salary  of,  125 


REQUISITION  FOR  SLAVES. 
Resolution  as  to, 

RICHMOND.  CITY  INSURANCE 
COMPAN1. 
Act  to  incorporate, 
Power  to  make  insurance,  . 
Capital, 

Affairs,  how  managed. 
Transfers, 
Commissioners, 
Capital,  how  increased, 


87 


61-2 
6J 

61 
61 
61 
6! 
62 


Company  incorporated, 
Capital, 


63 


RICHMOND  GLASS  MANUFACTURING 

COMPANY. 

Act  as  to  charter  of,  63 

Preamble,  63 

Charter  confirmed,  63 

8 


RICHMOND  IMPORTING  AND  EX- 
PORTING COMPANY. 

Act  to  amend  charter  of,  62-3 

Company  incorporated,  63 

Corporate  name,  63 

Capital,  63 

Affairs,  how  managed,  63 


ROANOKE  FEMALE  COLLEGE. 


Act  to  incorporate, 

Preamble, 

College  incorporated, 

Duty  of  trustees, 

Power  of, 

Duty  of  treasurer, 

Capital,  how  raised, 

Stockholders  not  liable, 

Diplomas, 


68-70 


69 
69 
70 

70 
70 
70 


SALARIES. 

Act  to  amend  act  of  1863,  26-8 

Not  to  apply  to  officers  not.  now  in  office,      28 
Officer  to  receive  no  other  compensation,    28 

SALT  AGENTS. 
Act  as  to  failure  by,  to  deliver  to  per- 
sons entitled,  13 
Fines  for  failure,                                        13-14 

SALT. 


Act  of  1883  amended, 

12 

Power  of  superintendent, 

.  m 

Officers,  how  appointed, 

12-13 

Salt,  how  distributed. 

18 

Duty  of  supervisors, 

13 

Bond  of  agents, 

13 

How  taken, 

13 

Provisoes, 

n 

SALT— IMPRESSMENT  OF  S, 

\LT 

WELLS,  ETC. 

Impressment  authorized, 

to 

Time  property  to  be  held, 

110 

Slaves,  &c. 

10 

Dwelling  houses, 

16 

Land, 

10 

Furnaces,  how  impressed, 

u 

Appurtenances, 

n 

Salt  wells,  how  taken  possession  of. 

n 

Compensation,  how  ascertained, 

M 

Assessors  appointed, 

11 

Award, 

n 

Report  of  assessors, 

ii 

Possession, 

ii 

Appeal, 

ii 

Injunction  not  to  be  awarded, 

ii 

Standing  wood, 

ii 

Duty  of  governor. 

ii 

Powers  continued, 

12 

Transportation, 

12 

Transportation  from  other  roads, 

J!2 

8alt  to  confederate  army, 

12 

Amount  appropriated, 

12 

SECOND  CLASS  MILITIA. 
Commissions  of  officers  not  vacated, 


106 


INDEX. 


Salary  of, 

SECRETARY 

Salary  of, 


SECOND  AUDITOR. 


26 


OF 


COMMONWEALTH. 
26 


SECRETARY  OF   BOARD  OF  PUBLIC 
WORKS 

Salary  and  duties  of. 


28 


SENATORIAL  DISTRICTS. 
Resolution  as  to  elections  in  second  and 

thirty -first,  86 

SERGEANT  AT  ARMS. 
Salary  of,  for  senate  and  house  of  dele- 
gates, 27 

SETTLEMENT  OF  ACCOUNTS. 
See  Fiduciaries'  accounts. 

SHEEP  AND  WOOL. 
Act;  for  protection  and  increase  of,         49-50 

Preamble,  49 

Sheep  not  to  be  slaughtered  for  sale,  50 

Duty  of  justici  s,  50 

In  case  of  injury  by  dogs,  50 

Remedy  against  owner,  50 

Proviso,  50 

SHERIFFS  AND  SERGEANTS. 

Act  to  increase  allowance  to,  30 

Code  amended,  30 

Allowance,  30 

Proviso  as  to  Richmond  city,  30 

SHERIFFS  &  SERGEANTS— FEES  OF. 
Act  to  increase  fees  of,  31-3 

Code  amended,  31 

For  conveying  prisoner  to  jail,  •  31 

Taking  bond,"  31 

Impanneling  jury,  31 

Elegit,  32 

Distringas,  32 

Support  of  prisoners,  32 

Rate  to  be  prescribed  by  county  court,  32 

For  stock,  32 

Powers  of  court.  32 

Keeping  property,  32 

Commissions  for  sale  of  goods,  32 

On  forthcoming  bonds,  32 

Code  amended,  32 

Conveying  prisoners  to  jail,  32 

Expenses  allowed,  32 

Venire  fecias,  32 

Whipping,  33 

Sentence  of  death,  33 

Attendance  on  circuit  courts,  33 

SHERIFFS  .AND  COLLECTORS  OF 

TAXES. 
Act  allowing  employment  of,  by  con- 
federate government,  53 

SLAVES  ON  BOATS. 

Act  as  to  unlawful  carrying  of,  40 

Penalty,  40 

Owner  responsible,.,  40 

Penalty  on  slave,  40 


SLAVE  CONVICTS. 

Act  to  authorize  sale  of,  54 

Code  amended,  54 

Slave,  how  sold,  54 

As  to  female  slave  and  children,  54 

SLAVES  ON  FORTIFICATIONS. 
See  Requisition  for  slaves. 

SPEAKER  HOUSE  OF  DELEGATES. 

Compensation  of,  '    25 

STONEWALL  INSURANCE  COMPANY. 


Act  to  incorporate, 

59-6J 

Company  incorporated, 

59 

Insurance,  how  made, 

59 

Money  deposited, 

59 

Funds,  bow  invested, 

59 

Capital, 

59 

How  payable, 

59 

Affairs,  how  managed, 

59 

Officers, 

59 

Clerks,  &c. 

59 

Agents, 

60 

Dividends, 

60 

Transfers, 

60 

Proviso, 

HO 

Stockholders,  how  liable, 

60 

General  meeting, 

60 

Quorum, 

60 

Directors,  how  appointed, 

60 

SUBSCRIPTION  TO  INTERNAL  IM- 
PROVEMENT COMPANIES. 
Act  to  suspend,  by  state,  38-9 

SUPERINTENDENT  OF  SALT  WORKS. 
Power  to  appoint  subordinates,  12-13 

Their  salaries,  13 

SUPERINTENDENT  OF  PUBLIC 

BUILDINGS. 

Salary  and  allowance  of,  28 

SUPERINTENDENT  OF  PENITEN- 
TIARY. 

Salary  of,  '  27 

SUSPENSION  OF  ACT  IMPOSING 
TAXES. 
See  Taxes. 

SYLVIA,  MATTHEW. 

Act  releasing  state's  claim  to  land  to,  78 

TAXES. 

Act  suspending  act  as  to,  3 

Preamble,  3 

Rights,  &c.  reserved,  3 

License  required,  3 

No  assessment  to  be  made,  3 

TOBACCO. 

See  Insurance  on  tobacco. 

TRADING  ON  BOATS. 

Act  to  suppress,  39-40 

Articles  not  to  be  bought,  from  or  sold  to 
slaves  or  free  negroes,  39 

I  Exception,  39 


INDEX. 


107 


When  master  liable  to  fine,  39 

Trading  by  boat  hands,  39-40 

Fine,  40 

In  case  of  second  conviction,  40 

Inspectors,  how -appointed,  40 

Penalty,  40 

How  removed,  40 

TRANSFER  OF  BONDS. 
Act  as  to,  held  in  trust  for  certain  Indians,     9 

Preamble,  9 

Bonds,  how  transferred,  9 

Certificates  canceled,  9 

New  certificates,  9 

Interest,  how  paid,  10 

Principal  and  interest,  10 

TRANSPORTATION  OF  TROOPS  AND 
MUNITIONS. 

See  Troops  and  munitions  of  war. 


Salary  of, 


TREASURER. 


26 


TREASURER  OF  CENTRAL  LUNATIC 

ASYLUM. 

Act  as  to,  56 

Code  amended,  56 

Deposits,  where  made,  56 

TROOPS  AND  MUNITIONS  OF  WAR. 

Act  as  to  transportation  of,  38 

As  to  troops,  38 

As  to  munitions,  38 

UNKNOWN  PARTIES. 

See  Process. 

UNION  FEMALE  COLLEGE. 

See  Roanoke,  female  college. 

UNION  MANUFACTURING  COMPANY. 

Act  to  amend  charter  of,  64 

Charier  amended,  64 

Capital,  64 

UNIVERSITY  OF  VIRGINIA. 

Act  to  increase  salaries  of  professors  of,  29 

Salaries  of  professors,  29 

Duration  of  act,  30 


URQUHART,  A.  B.  &  ALS- 

Act  for  relief  of  representatives  of, 

Preamble, 

Power  of  courts, 

Proceedings, 


77 


Limitation, 


77 


VIRGINIA  FIRE  AND  MARINE 

INSURANCE  COMPANY 

Act  to  amend  charter  of,  65J 

Charter  amended,  6'i! 

Capital,  how  increased,  62 

VIRGINIA  MILITARY  INSTITUTE. 
Act  making  additional  appropriation  to,      47 
Amount  appropriated,  47 

Duty  of  auditor,  47 

Act  amending  Code  as  to,  56-7 

Code  amended,  56 

How  cadets  may  be  admitted,  56 

When  application  to  be  made,  57 

VIRGINIA  PORCELAIN  &  EARTHEN- 
WARE COMPANY 
Act  to  incorporate,  64-5 

Company  incorporated,  64 

Powers,  64 

Capital,  65 

VIRGINIA  AND  TENNESSEE  SAIL 

ROAD  COMPANY. 

Ac,t  to  authorize  increase  of  capital,  38 

How  to  be  increased,  38 

WARWICK.  ELIZABETH    CITY,  ETC 
See  Preservation  of  records. 

WILLIS''  RIVER. 

Act  amending  act  as  to,  71-2 

Powers  of  trustees,  71 

Term  of  service,  71 

Vacancies,  how  filled,  71 

When  river  public  highway,  71 

Rates  of  toll,  71-2 

Duty  of  collector,  72 

WILLS,  PROBATE  OF 

Act  to  authorize,  in  certain  cases,  42 

Proof  of  handwriting  of  witnesses.  42 

Reservation  of  rights,  42 

WRIGHT,  DR.  DAVID  M. 
Preamble  and  resolutions  as  to  death  of,  85-fc 
Preamble,  85 

Resolutions  to  be  transmitted  to  family,      86 

WYTHEVILLE  AND  GRAYSON 
TURNPIKE. 

Act  incorporating,  amended,  4.1 

Corporators,  41 

Board  of  public  works  to  subscribe,  43 


RARE  BOOK 
COLLECTION 


THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 

AT 

CHAPEL  HILL 


2275 
Conf , 
c.    2 


